Bhavesh vs State Of Kerala

Mohammed Nias C.P, J.

This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

The petitioner is accused n Crime No.1056 of 2023 of Manjeshwar Police Station, Kasargod District, for having committed offences punishable under Section 58 of the Abkari Act.

The prosecution allegation is that on 15-11-2023 at 18.00 hours near Kanwatheertha Railway Gate in Kunjathur Village, accused was found transporting 320 packets of 90 ml IMFL meant for sale only in the state of Karanataka in a Scooter bearing registration No.KL 14 S 9057 and on seeing the police party, the accused ran away from the spot and thereby, the accused is alleged to have committed the offences mentioned above.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 23.11.2023, and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition and points out that the petitioner is not entitled to bail.

After considering the fact that the petitioner has been in custody from 23.11.2023, that no other antecedents reported against the petitioner and also since there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(ii) The petitioner shall report before the Investigating Officer as and when directed;

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

(iv)The petitioner shall not be involved in any other crime while on bail;

(v) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.