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Suresh. S And Anr vs State Of Kerala

High Court Of Kerala · Decided on 24 November 2020 · Citation: (2020) 11 KL CK 0096

HON’BLE JUDGES
Ashok Menon, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Abkari Act, — Section 55(a), 55(i), 67B
RESULT
Allowed
CASE NUMBER
Bail Application No. 7843 Of 2020
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Judgment

18 paragraphs · 337 words
1.

This is an application seeking regular bail filed under Section 439 Cr.PC.

2.

The applicants are accused 1 and 2 in Crime No.97/2020 of Mavelikkara Excise Range Office, Alappuzha for having allegedly committed offences

punishable under Sections 55(a), 55(i) and 67B of the Abkari Act.

3.

The prosecution case, in brief, is that on 2.10.2020 at about 12.40 p.m., the Excise party on patrol duty at Menampilly Muri, Peringala Village at

Mavelikkara Taluk apprehended the applicants while they were engaged in the sale of Indian Made Foreign Liquor and consequently, 30 litres of

IMFL was recovered from a scooter in possession of the applicants, and they were remanded to judicial custody and continue to be in custody.

4.

The applicants state that they are innocent, the allegations are not true and they do not have any criminal antecedents. Hence, they may be granted

bail.

5.

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

6.

It is admitted that the applicants do not have any criminal antecedents. Considering the fact that they have been in custody since 2.10.2020 and the

quantity of the liquor involved and also the present pandemic situation and the antecedents of the applicants, I am inclined to grant bail to the

applicants.

In the result, the Bail Application is allowed and the applicants are directed to be released on bail on the execution of a bond for Rs.1,00,000/- (Rupees

One lakh only) each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on the following conditions:

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

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

(iii) They 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 apply for cancellation of the bail before the jurisdictional court.