Vijayan vs State Of Kerala And Ors

Application for regular bail under Section 439 of Cr.P.C.

The applicant is the sole accused in Crime No. 1/2021 of Chadayamangalam Excise Range, for having allegedly committed offence punishable under

Section 55(i) of the Kerala Abkari Act.

The prosecution case, in brief, is that on 01.01.2021 at about 1.30 p.m., the applicant was found to be in possession of 11 litres of Indian Made

Foreign Liquor intended for sale. He was apprehended and remanded to judicial custody. He continues to be in custody.

The applicant states that he has no criminal antecedent. He is willing to abide by any conditions and therefore he may be released on bail.

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

Considering the fact that the applicant has been in custody since 01.01.2021, the quantity of liquor involved and the fact that he has no criminal

antecedents, I find that further incarceration of the applicant may not be necessary. Hence, the application is allowed and the applicant is directed to

be released on bail on execution of bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties, each for the like amount to the

satisfaction of the jurisdictional court and on following conditions:-

(i) He shall appear before the investigating officer as and when called for.

(ii) He shall not tamper with evidence, intimidate or influence the witnesses .

(iii) He shall not get involved in similar offences during the currency of the bail.

In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.