Suresh vs State Of Kerala

Applications for regular bail under Section 439 Cr.PC. The applicant is accused in two crimes under the Abkari Act. BA No.2422/2021 pertains to crime No.23/2021 of Thrithala Excise Range, while BA No.2432/2021 pertains to Crime No.98/2020 of the same Excise Range. Both the crimes are for offences under Section 55(i) of the Abkari Act.

The prosecution case, in brief, is that on 27.2.2021 the Excise Party on getting source information regarding the applicant engaged in sale of Indian Made Foreign Liquor in violation of the Abkari Act, apprehended him with three litres of IMFL and he was allegedly pouring the IMFL to a prospective purchaser, while he was carrying the said liquor on his Honda Activa Scooter bearing Regn. No.KL-52-1886 in front of a house, in Parakkulam - Kalladathur road at Kappur Village. He was arrested and remanded to judicial custody. Investigation revealed that the applicant is also involved in Crime No.98/2020 of the same Excise Range for having sold 2.5 litres of IMFL in which case he could not be apprehended. The formal arrest was recorded in both the crimes. Therefore, he was remanded in both the crimes.

The applicant states that the allegations are not true. In both the crimes, he was in possession of IMFL within the permissible limit and that there is no specific evidence regarding his engaging himself in sale in contravention of the Abkari Act. Hence, the applicant seeks bail.

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

The learned Public Prosecutor admits that apart from these two crimes, the applicant is not involved in any other crime. The specific allegation is that the applicant was engaged in sale of liquor to some one else and the prospective purchaser fled away from there and could not be apprehended. No sale proceeds were recovered from the applicant. The applicant has been in custody since 27.2.2021, and therefore, further incarceration of the applicant does not appear to be necessary. In view of the fact that he is involved in two crimes, stringent conditions can be imposed.

In the result, the Bail Applications are allowed and the applicant is directed to be released on bail on execution of a bond for Rs.50,000/- (Rupees fifty thousand only) in each of the crimes 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 on all Saturdays between 9 a.m. and 12 noon for a period of two months or till the filing of the final report, whichever is earlier.

(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.