Udayan.N vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is the sole accused in Crime No.89/2022 of Kasargode Excise Range, alleging commission of offence punishable under Sections 58 and 67B of Abkari Act.

The prosecution allegation is that, on 15.05.2022, at 1 p.m, accused was found transporting 27 litres of Indian Made Foreign Liquor meant for sale in the State of Karnataka in his Autorikshaw bearing Reg.No. KL 14 D 6349 from near to Ramnagar bus waiting shed along Chowki-Kambar road situated in Kudlu village. Thus the accused is alleged to have committed the aforesaid offence.

4 .The learned counsel for the petitioner submitted that the petitioner was arrested on 15.05.2022 and that he is continuing in custody.

The learned Public Prosecutor opposed the bail application mainly contending that the petitioner is involved in other Abkari cases.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 15.05.2022 onwards, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties, each for the like-sum, to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.89/2022 of Kasargode Excise Range on every Saturday at 11 am, until filing of final report;

(iii) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.89/2022 of Kasargode Excise Range may file an application before the jurisdictional court, for cancellation of bail.