Sudhakaran vs State Of Kerala And Ors

Petitioner is the accused in Crime No.44/2021 of the Kottarakkara Excise Range for the offences punishable under Sections 55(i) of the Kerala Abkari Act and is in custody since 01.03.2021. He seeks bail.

The prosecution case is that petitioner was found engaging in sale of foreign liquor near Marayikode Sree Indilayappan Temple. He was found in possession of 4.700 litres of Indian Made Foreign Liquor in five bottles. It was further alleged that Rs.400/-was also seized from him. Thus, it is alleged that the petitioner had committed offence under Section 55(i) of the Kerala Abkari Act.

Learned Public Prosecutor has opposed the application. It is submitted that there are five similar crime altogether registered against the petitioner, of which, two of them are within a span of one year.

Taking note of the circumstances arising in the case, I am of the view that petitioner shall be enlarged on bail subject to the following conditions :-

Petitioner is hereby granted bail in Crime No.44/2021 of the Kottarakkara Excise Range and he 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 jurisdictional Magistrate and subject to the following conditions:

(a) One of the sureties shall be a close relative of the petitioners.

(b) Petitioner shall report to the investigating officer once every two weeks on Saturdays between 10.00 am and 12.00 pm until filing of the final report.

(c) Petitioner shall report to the investigating officer as and when required for interrogation.

(d) Petitioner shall not get involved in any offence during the period of this bail.

(e) Petitioner shall not intimidate or influence the witnesses.

(f) In case condition nos.(b) to (e) are violated, it is open to the investigating officer to file application before the learned Magistrate for cancellation of the bail granted hereby.

The Bail Application is allowed as above.