Vishnu P.A vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner  is  the  sole  accused  in  Crime  No.54  of 2022 of Vamanapuram Excise Range Office, Thiruvananthapuram District, alleging commission of offences punishable under Sections 55(i) & 67 B of Abkari Act.

The prosecution case is that on 04.06.2022 at 4.15 pm., the accused was found in possession of 17.500 litres of Indian Made Foreign Liquor (IMFL) near Thootamukku Junction in Nedumangadu Taluk, and it was apprehended that the petitioner possessed the IMFL for the purpose of sale and thereby committed the aforesaid offences.

Learned counsel for the petitioner submitted that petitioner has been falsely implicated in the above crime and that he is implicated in this crime due to some misunderstanding and false information. Actually the petitioner was arrested in front of the KSBC outlet, Palode along with three others at about 2.30 pm., on 4th June 2022. At the time of arrest, petitioner was possessing only 3 litres of Indian Made Foreign Liquor along with its bill. Petitioner and his friends had arranged a get together and a party on the next day and for this purpose he had purchased 3 litres of IMFL from the KSBC Palode outlet, which is within the allowed limit. Learned counsel further submitted that mother of the petitioner preferred Annexure-3 complaint before the Deputy Commissioner. It is submitted that petitioner was arrested on 04.06.2022 and is in custody since then.

Learned Public Prosecutor upon instructions submitted that petitioner has no other criminal antecedents.

Having regard to the facts and circumstances of the case and the nature of the allegations and considering the fact that he is in custody from 4.6.2022 onwards, I am inclined to grant bail to the petitioner subject to stringent conditions. 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 bond for a sum of Rs.25,000/-(Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.54 of 2022 of Vamanapuram Excise Range Office, Thiruvananthapuram District, as and when called for.

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.54 of 2022 of Vamanapuram Excise Range Office, Thiruvananthapuram District.

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.54 of 2022 of Vamanapuram Excise Range Office, Thiruvananthapuram District, may file an application before the jurisdictional court, for cancellation of bail.