Sreekumar vs State Of Kerala

Application for regular bail under Section 439 Cr.PC. The applicant is the sole accused in Crime No.275/2021 of Valiyamala Police Station, Thiruvananthapuram for having allegedly committed offence punishable under Section 55(a) (i) of the Kerala Abkari Act.

The prosecution case, in brief, is that on 24.2.2021 at about 5 P.M., the police authorities intercepted the applicant while he was in possession of 3.600 litres of Indian Made Foreign Liquor intended for retail sale. He was arrested and remanded to judicial custody and continues to be in remand. The applicant states that he is innocent and the allegations are not true and therefore, seeks bail.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor has admitted that the applicant has no criminal antecedents. He has been in custody since 25.2.2021. Considering the fact that the applicant has no criminal antecedents and also the quantity of the liquor involved, I find that further detention of the applicant is not necessary.

In the result, the Bail Application is allowed and the applicant is directed to be released on bail on execution of a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on the following conditions:

(I) He shall appear before the investigating officer as and when called for and cooperate with the investigation.

(ii) He shall not attempt to influence or intimidate the witnesses or tamper with evidence.

(iii) He shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to approach the jurisdictional court to get the bail order cancelled.