Subodaya U vs State Of Kerala

Gopinath P., J

1.This is an application for regular bail.

The petitioner is the accused in Crime No.224 of 2021 of Kumbla Excise Range Office, Kasaragod District, alleging commission of offence

punishable under Section 58 of the Kerala Abkari Act. The allegation against the petitioner is that on 25.12.2021, he was found in possession of 3.240

liters of Indian Made Foreign Liquor intended for sale only in the State of Karnataka. It is submitted that the petitioner had illegally kept the liquor for

the purpose of sale.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the liquor was kept for

personal consumption and the quantity is only slightly above the permitted quantity. It is submitted that the petitioner has been in custody from

25.12.2021 and his further detention is not necessary for the purpose of any investigation into the matter.

The learned Public Prosecutor submits that the petitioner was involved in similar offences and three earlier cases had been registered against him.

It is submitted that the fact that there are earlier cases against the petitioner alleging commission of similar offences will show that the petitioner had

brought the liquor for the purpose of sale.

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

fact that he has been in custody from 25.12.2021 and since his further detention is not necessary for the purpose of any investigation, I am inclined to

grant bail to the petitioner subject to conditions.

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

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

Jurisdictional Court;

(2) Petitioner shall report before the investigating officer in Crime No.224 of 2021 of Kumbla Excise Range Office, Kasaragod District, on every Saturday at 11.00AM

until filing of final report;

 (3) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.224 of 2021 of Kumbla Excise Range

Office, Kasaragod District;

(4) 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.224 of 2021 of Kumbla Excise Range Office, Kasaragod District,

may file an application before the Jurisdictional Court for cancellation of bail.