Subash S vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail under section 439 of the Code of Criminal Procedure 1973.

Petitioner is the accused in Crime No.70 of 2023 of Kottarakkara Excise Range Office, Kollam district. The offences alleged against the petitioner are under section 55(i) of the Abkari Act, 1077.

According to the prosecution, on 01.06.2023, at about 6.45 p.m., the accused was found in possession of 1.50 litres of Indian Made foreign Liquor for sale and thereby committed the offences alleged.

I have heard Sri. Alexander George, the learned counsel for the petitioner and Smt.Sreeja V., the learned Public Prosecutor.

Having heard the learned counsel for the petitioner as well as the learned Public Prosecutor, taking into consideration, the date of arrest being 01.06.2023, apart from the nature of the offence alleged, I am satisfied that petitioner can be released on bail on strict conditions.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.