Sunilkumar vs State Of Kerala

Application for regular bail under Section 439 Cr.P.C. The applicant is the sole accused in Crime No.15/2021 of Wadakkanchery Excise Range Office, Thrissur, for having allegedly committed offence punishable under Section 55(i) of the Kerala Abkari Act.

The prosecution case, in brief, is that on 01.03.2021 at about 11.45 a.m, the applicant was found to be in possession of 14 litres of IMFL at Mullurkara, which he was attempting to sell in contravention of the aforesaid provisions of law. The applicant was apprehended and remanded to judicial custody.

The applicant states that he is innocent and the allegations are not true. It is further stated that the applicant is suffering from various disease for the last nine years and he is on medication and further detention may further deteriorate his health. Therefore, he seeks regular bail.

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

The learned Public Products admits that the applicant has no criminal antecedents. Considering the fact that the applicant has no criminal antecedents, and the quantity of the liquor involved, I find that further detention of the applicant may not be necessary.

In the result, the bail application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;

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

(2) He shall not attempt to influence or intimidate the witnesses.

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

In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.