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Vignesh And Ors vs State Of Kerala

High Court Of Kerala · Decided on 22 March 2021 · Citation: (2021) 03 KL CK 0225

HON’BLE JUDGES
Ashok Menon, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Kerala Abkari Act, 1967 — Section 55(a), 55(d), 55(i)
RESULT
Allowed
CASE NUMBER
Bail Application No. 2657 Of 2021
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Judgment

10 paragraphs · 329 words
1.

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

2.

The applicants are accused Nos.1 and 2 in Crime No.51/2021 of Agali Police Station, Palakkad for having allegedly committed offences punishable under Sections 55(a), (i) & (d) of Kerala Abkari Act. .

3.

The prosecution case, in brief, is that on 22.02.2021 at about 23.30 hours the Sub inspector of Agali police station and his party while on patrol duty intercepted the accused while they were transporting 45 litres of Indian Made Foreign Liquor in a vehicle bearing registration No.KL-50-C-8881. The 3rd accused was also driving the vehicle bearing registration No.KL-50-C-5579 in front of the vehicle driven by the applicants, as a pilot vehicle facilitating transportation of the contraband liquor. The applicants were arrested and remanded to judicial custody. They have been in custody since then. The applicants state that they are innocent and the allegations are not true. Therefore, they seeks regular bail.

4.

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

5.

The applicants have no criminal antecedents. They have been in custody for a month now. Under the circumstances, I find that further incarceration of the applicants may not be necessary. They are entitled to be released on bail.

In the result, the Bail Application is allowed and the applicants are directed to be released on bail on execution of a bond for Rs.50,000/- (Rupees fifty thousand 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.

(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 approach the jurisdictional court seeking cancellation of the bail.