High CourtsSingle Bench

Velayudhan Pillai vs State Of Kerala

High Court Of Kerala · Decided on 21 December 2022 · Citation: (2022) 12 KL CK 0215

HON’BLE JUDGES
Viju Abraham, J
ACTS & SECTIONS REFERRED
Kerala Abkari Act, 1967 — Section 55(i), 67(B)
RESULT
Dismissed
CASE NUMBER
Bail Application No. 10094 Of 2022
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Judgment

12 paragraphs · 294 words

Viju Abraham, J.

1.

This is an application for regular bail.

2.

Petitioner is the sole accused in Crime No.95 of 2022 of Kattakkada Excise Range, Thiruvananthapuram District registered alleging commission of offences punishable under Sections 67(B) and 55(i) of the Kerala Abkari Act.

3.

The prosecution allegation is that on 03.12.2022 at 11.00 a.m. near Kizhkkuvilla Junction in Malayankeezhu Village, the accused was found in possession of 1.500.0 ml plastic bottle containing 300.0 ml of IMFL and four bottles 500 ml IMFL. Thus the petitioner has committed the abovesaid offences.

4.

Petitioner submits that he is in custody from 03.12.2022 onwards and that he has been falsely implicated in the abovesaid crime.

5.

Heard the learned Public Prosecutor also.

Considering the facts and circumstances of the case and the fact that the petitioner is in custody from 03.12.2022 onwards, I am inclined to grant bail to the petitioner. 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 a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(ii) He shall appear before the investigating officer in Crime No.95 of 2022 of Kattakkada Excise Range, Thiruvananthapuram District as and when required by the investigating officer.

(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(v) He shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.95 of 2022 of Kattakkada Excise Range, Thiruvananthapuram District may file an application before the jurisdictional court, for cancellation of bail.