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Judgment
12 paragraphs · 407 wordsShircy V, J
Application for regular bail.
The petitioner who is undergoing incarceration since 10.11.2021 in connection with Crime No.161/2021 of Kumbla Excise Range, Kasaragod District registered for the offence punishable under Section 55(i) of the Kerala Abkari Act, has preferred this application for his release on bail.
The prosecution allegation is that on 03.09.2021 at about 8.25 p.m, this petitioner was found in possession of 15.6 litres of Indian Made Foreign Liquor meant for sale in the State of Karnataka kept for illegal sale in Kerala, in contravention of the provisions of the Abkari Act and thereby committed the aforesaid offence. When this petitioner has seen the excise party approaching him, he fled away from the spot and so he was not apprehended then and there.
According to the learned counsel for the petitioner he is falsely implicated in the case by the excise officials. In fact he is totally innocent.
The learned Public Prosecutor refuted the said submission highlighting the other two crimes registered against him. It is pointed out that he is arraigned as accused in Crime No.124/2021 as well Crime No.204/2021 registered before the very same excise range.
The quantity of the contraband involved in this case is 15.6 litres of Indian Made Foreign Liquor. Now the investigation of the case is well in progress. Though he is having criminal antecedents, considering the quantity of the contraband involved, the present stage of the investigation as well the other facts and circumstances involved in this case, I am inclined to release him on bail subject to the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law.