Anoop B.K vs State Of Kerala

K.Haripal, J

These are applications moved by the same person who is accused in Crime Nos. 434/2021 and 433/2021 respectively of Hosdurg Police Station. In

both the crimes, offence under Sections 55(a) of the Abkari Act and 118(i) of the Kerala Police Act, 2011 are alleged against the petitioner.

The subject matter of B.A.No. 4387/2021 is the seizure of 27 packets of Indian made foreign liquor, each containing 180 ml, which was intended

for sale in Kerala and 16 packets of Madhu Chaap tobacco and 13 packets of Chaini Tobacco filter pouch found in a room owned by one

Kunhahammed Haji. The Indian made foreign liquor is Karnataka make, which cannot be transported to the territory of Kerala.

Crime No. 433/2021 was registered after seizing 48 packets of Karnataka make Whisky, containing 180 ml each and 38 packets of tobacco filter

pouch found in a room owned by one L.K. Muneer. The possession of contraband in both the cases is attributed against the petitioner and during the

course of investigation, the petitioner surrendered in both the cases on 23.06.2021 and since then is in judicial custody.

I heard learned counsel on both sides. The learned Public Prosecutor submits that he has no criminal antecedents to his credit.

The contraband involved in both the crimes have been seized. It is submitted that apart from these two crimes, he has no criminal antecedents to his

credit. Section 55(a) of the Abkari Act does not prescribe any statutory minimum substantive sentence. Therefore, the embargo under Section 41A of

the Abkari Act is not attracted. Moreover, investigation in both the crimes has progressed considerably.

On these considerations and since the petitioner has no criminal antecedents, he shall be released on bail in both the cases subject to the following

conditions:-

i) The petitioner shall execute separate bonds for Rs.50,000/- (Rupees Fifty Thousand only), in each crime with two solvent sureties each for the like sum to the

satisfaction of the jurisdictional court;

ii) He shall not try to contact or influence the witnesses or tamper with the evidence;

iii) He shall not leave the country without leave of the jurisdictional court;

iv) He shall not involve in any crime during the bail period;

v) He shall appear before the investigating officer/trial court as and when required;

vi) The petitioner shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of

Covid 19 pandemic;

vii) If any of the above conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

These bail applications are allowed as above.