Sujeesh Shaju vs State Of Kerala

Application for regular bail under Section 439 of Cr.P.C. Applicant is the 3rd accused in Crime No.51/2021 of Agali Police Station, Palakkad for having allegedly committed offences punishable under Sections 55(a) (i) & (d) of the Kerala Abkari Act.

The prosecution case, in brief, is that on 22.02.2021 at about 23.30 hours, the Sub Inspector of Agali Police Station and his party while on patrol duty intercepted accused Nos.1 and 2 transporting 45 litres of IMFL in a vehicle bearing registration No. KL 50-C-8881. The applicant who is the 3rd accused was driving another vehicle bearing registration No. KL 50 C-5579, piloting the vehicle in which accused Nos.1 and 2 were transporting the same liquor. Thus committed the offence.

The applicant states that he is innocent and the allegations are not true. There is no material to indicate that the applicant is piloting the vehicle. He has no criminal antecedents. Therefore, he seeks regular bail. He has been in custody since his arrest on the date of occurrence.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor admits that the applicant has no criminal antecedents. Under the circumstances, I find that further incarceration of the applicant may not be necessary. Hence, the application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) He shall appear before the investigating officer as and when called for.

(ii) He shall not tamper with evidence, intimidate or influence the witnesses .

(iii) He shall not get involved in similar offences during the currency of the bail.

In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.