Stanley State Of Kerala

Gopinath P., J

The petitioner is the accused in Crime No.62/2022 of Kuthiyathode Police Station, Alappuzha District alleging commission of offences under

Sections 55 (a), 55 (i) and 13 read with 63 of the Kerala Abkari Act.

The allegation against the petitioner is that he was found in possession of 6.5 litres of Indian Made Foreign Liquor which was kept for the purpose

of sale on the backside of his shop room.

The learned counsel for the petitioner submits that the allegations against the petitioner are totally false. It is submitted that there is nothing at all to

suggest that the liquor was kept for the purposes of sale. It is submitted that if at all the only the offence that could be alleged against the petitioner is

that for having excess quantity of IMFL over and above the limit prescribed by law. It is submitted that the petitioner had kept the liquor in question

for personal consumption and there was no intention to sell it to any other person. It submitted that the petitioner has been in custody from 23-01-2022

and his continued detention is not necessary for the purposes of any investigation.

I have heard the learned Public Prosecutor also.

Having regard to the facts and circumstances of the case and considering the nature of allegations against the petitioner and considering the fact

that his continued detention may not be necessary for the purpose of any investigation and also considering the fact that the petitioner has already

been in custody for 19 days, I am of the view that the petitioner can be granted bail subject to conditions.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

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

satisfaction of the jurisdictional Court;

(ii) The petitioner shall not interfere with the investigation, influence or intimidate any witness in Crime No.62/2022 of Kuthiyathode Police Station;

(iii) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.62/2022 of Kuthiyathode Police Station may file an application

before the jurisdictional Court for cancellation of bail.