Vishnu vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the 2nd accused in the Crime No.46 of 2022 of Chittur Excise Range registered alleging commission of offences punishable under Sections 55(a) and 67(B) of the Abkari Act.

The gist of accusation is that on 10.04.2022 at about 11.30 p.m. at Vannamada-Chittur road the petitioner were found transported spirit of about 960 liters in a Mahindra Pickup Van bearing registration No.KL 45 v V 6110 and thereby committed the abovesaid offences. Petitioner was arrested in connection with the crime on 11.04.2022 and is in custody since then. His earlier application for bail filed before the Judicial First Class Magistrate Court-I, Chittur as Crl.M.P.No.1460 of 2022 was dismissed as per Annexure-A order dated 20.04.2022.

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

Learned counsel for the petitioner submitted that the petitioner is in custody from 11.04.2022 onwards and he has no other antecedents.

The learned Public Prosecutor upon instruction submitted that though there are no criminal antecedents against the petitioner, the quantity involved in the crime is high and hence opposed the bail application.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and taking into consideration the fact that the petitioner is in custody from 11.04.2022 onwards and that he has no other criminal antecedents, I am inclined to grant bail to the petitioner on the following conditions:

(i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh 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.46 of 2022 of Chittur Excise Range on every Saturday at 11 am, until filing of final report.

(iii) He shall surrender his passport before the jurisdictional court. If the petitioner has no passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail.

(iv) He shall not attempt to interfere with the investigation or to influence any witness in Crime No.46 of 2022, Chittur Excise Range.

(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. 46 of 2022, Chittur Excise Range may file an application before the jurisdictional court, for cancellation of bail.