Sounder vs State Of Kerala

Shircy V, J

Application for pre-arrest bail.

This petitioner is the accused in Crime No.19 of 2021 of Agali Excise Range Office, Palakkad District registered for the offence punishable under

Section 58 of the Abkari Act.

The prosecution allegation is that on 03.02.2021, the petitioner was found in possession of 10.05 litres of Indian Made Foreign Liquor meant for sale

in Tamil Nadu state, illegally kept for sale at Palakkad in his Auto rickshaw bearing Registration No.KL 50 B 6590, by the excise officials.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

According to the learned counsel for the petitioner he is aged only 22 years. In fact, the Auto rickshaw is owned by his father. He is not the driver

of the vehicle and he has not transported any contraband articles as alleged by the prosecution. But he apprehends unnecessary arrest and hence this

application.

The learned Public Prosecutor opposed the application contending that the contraband was seized from the possession of this petitioner. But it is

submitted that he has no criminal antecedents.

The petitioner is aged only 22 years. As he is not the owner and driver of the vehicle as alleged by the petitioner and is not having criminal

antecedents, I think that this application can be disposed of directing the petitioner to surrender before the Investigating officer on 16.06.2021 at 11.00

am. Upon such surrender, after interrogation and recording his arrest, he shall be produced before the jurisdictional Magistrate on the very same day.

If a bail application is moved by him, the jurisdictional Magistrate shall consider the same and release him on bail on the very same day subject to the

following conditions :-

 (i) The petitioner shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each

to the satisfaction of the Judicial First Class Magistrate Concerned.

(ii) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) He shall co-operate with the investigation and trial of the case.

(iv) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from

disclosing such facts to the court or to any police officer or tamper with the evidence.

(v) He shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.