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Judgment
The applicants are accused Nos. 1 and 2 in Crime No.71/2020 of Thirupuram Excise Range, Thiruvananthapuram, for having allegedly committed
offences punishable under Sections 55(a), 58 & 67 B of the Kerala Abkari Act, 1077. The prosecution case, in brief, is this:
On 07.10.2020 at about 5.45 pm, the applicants were found to be transporting 160 litres of rectified spirit, in a swift desire car bearing registration
No.KL-16-H-6939, at a place called Chenkavila Junction. The Excise party intercepted them and the car and the contraband were seized and the
accused were arrested. The applicants continue to remain in judicial custody. They state that they do not have any criminal antecedents and the
allegations against them are not true. And, therefore, they may be granted bail.
Heard the learned counsel appearing for the applicants and the learned Public Prosecutor. The applicants do not have any criminal antecedents.
They have been in custody since 07.10.2020. Under the circumstances, I find that further incarceration of the applicants may not be essential.
In the result, the application is allowed and the applicants are directed to be released on bail on the execution of bonds for Rs.1,00,000/-(Rupees
One lakh only), each with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further
conditions:
(i) They shall appear before the Investigating Officer as and when called for.
(ii) They shall not intimidate or influence witnesses and tamper with evidence.
(iii) They shall not get involved in similar offences during the currency of the bail period.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
The bail application is allowed.