Sudheesh.V vs State Of Kerala

Gopinath P., J

The petitioner is the 1st accused in Crime No.77/2021 of Neeleswaram Excise Range, Kasaragod District alleging commission of offence under Section 58 of the Kerala Abkari Act.

The allegation is that on 06-06-2021 at about 1 p.m the petitioner was found transporting 7.560 litres of Indian Made Foreign Liquor (IMFL) meant for sale only in the State of Karnataka and thereby he committed the offence alleged against him.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner has been falsely implicated. It is submitted that no criminal antecedents are reported against the petitioner and that the petitioner may be directed to be released on bail especially since he has been in custody from 24-02-2022.

The learned Public Prosecutor opposes the grant of bail. It is submitted that incidents of liquor being illegally imported from the State of Karnataka for the sale in the State of Kerala are increasing day by day. It is submitted that since the liquor is comparatively cheaper in Karnataka it is being illegally imported into Kerala for the purpose of sale.

Having regard to the facts and circumstances of the case and considering the nature of allegations against the petitioner and also taking into account the fact that the continued detention of the petitioner may not be necessary for the purposes of any investigation, 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 deposit Rs.15,000/- before the jurisdictional court;

(iii) The Petitioner shall report before the Investigating officer in Crime No.77/2021 of Neeleswaram Excise Range as and when summoned to do so;

(iv) The petitioner shall not interfere with the investigation, influence or intimidate any witness in Crime No.77/2021 of Neeleswaram Excise Range;

(v) 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.77/2021 of Neeleswaram Excise Range may file an application before the jurisdictional Court for cancellation of bail.