Subodaya U vs State Of Kerala

A. Badharudeen, J

This is an application for regular bail moved by the sole accused in crime No.29/2023 of Kumbala Excise Range, Kasargod, where the prosecution alleges commission of offences punishable under Section 58 of the Abkari Act.

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

I have perused the relevant documents form part of the case diary placed by the learned Public Prosecutor.

The prosecution allegation is that at about 5.00 pm on 27.02.2023, the accused was found in possession of 5.85 litre of Indian Made Foreign Liquor meant 'for sale in state of Karnataka only' near Choorithadka SC colony Drinking Water Scheme water tank situated in Choorithadka, against the prohibitions contained in the Kerala Abkari Act. Accordingly, he was nabbed red-handedly and the contraband was taken into custody. Thereafter, crime was registered alleging commission of the above offence.

The learned counsel for the petitioner submitted that the petitioner is innocent. He also pointed out that the petitioner has no criminal antecedents. Highlighting the custody of the petitioner from 27.02.2023 onwards, the learned counsel for the petitioner pressed for grant of regular bail.

Though the learned Public Prosecutor opposed bail highlighting the seriousness of the offence, he also conceded that the petitioner has no criminal antecedents. Since the petitioner has no criminal antecedents, taking note of the progress of investigation and the custody of the petitioner from 27.02.2023, I am inclined to release the petitioner on regular bail.

In the result, this petition stands allowed. The petitioner is enlarged on regular bail on the following conditions:

i. The petitioner shall be released on bail on his executing 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 concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

iii. The petitioner shall appear before the Investigating Officer as and when directed.

iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

v. The petitioner shall not involve in any other offence during the currency of bail and any such event, if informed or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.