Sunil C Pillai vs State Of Kerala

Application for regular bail under Section 439 Cr.PC. The applicant is the sole accused in Crime No.11 of 2021 of Thiruvalla Excise Range, Pathanamthitta District for having allegedly committed offence punishable under Section 55(i) of the Kerala Abkari Act.

The prosecution case, in brief, is that on 15/01/2021 at about 2.30 pm, while the Excise Officials attached to the Thiruvalla Excise Range were on patrolling duty near Thaimavumkara Junction, the applicant was found involved in sale of Indian Made Foreign Liquor in violation of the provisions of the Abkari Act. 4O litres of IMFL was seized from him. The applicant was arrested and remanded to judicial custody and continues to be in custody.

The applicant states that he is innocent and the allegations are not true and that he may be released on bail. It is also submitted by the learned counsel appearing for the applicant that the applicant is an asthmatic patient and is presently suffering from Covid-19.

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

The learned Public Prosecutor admits that the applicant has no criminal antecedents. Considering the circumstances in this case and that the applicant has been in custody since 16.1.2021, further detention of the applicant may not be necessary. He is entitled to be released on bail.

In the result, the Bail Application is allowed and the applicant is directed to be released on bail on execution of a 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 and on the following conditions:

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

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

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

In case of breach of any of the bail conditions, the prosecution shall be at liberty to approach the jurisdictional court to get the bail order cancelled.