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Judgment
Application for regular bail under Section 439 of Cr.P.C. The applicant is the accused in Crime No.970/2020 of Vallikkunnam Police Station, for
having allegedly committed an offence punishable under Section 55(A) (I) of the Kerala Abkari Act.
The prosecution case, in brief, is that on 02.11.2020 at about 6.15 p.m. the applicant was found to be in possession of 2.7 litres of Indian Made
Foreign liquor at Thaliradimuri, Vallikkunnam Village, intended for sale and thus committed the offence. Apart from the IMFL, a sum of Rs.16,130/-
was seized from him as the money allegedly received by him as the sale price for the liquor.
The applicant was arrested on the same day and remanded to judicial custody. He continues to remain in custody. The applicant states that he is
innocent and the allegations are not true and therefore he may be granted bail.
Heard the learned counsel for the applicant and the learned Public Prosecutor.
The learned Public Prosecutor points out that the applicant has two other crimes registered against him for offences of similar nature. That apart he
has got another antecedent also. Under the circumstances, the application for bail is vehemently opposed by the learned Public Prosecutor for the
reason that in case the applicant is released on bail, there is every possibility that he may get involved in offences of similar nature.
The learned counsel appearing for the applicant submits that the applicant is 69 years old and being a senior citizen, he may not be retained in
custody for a longer period than this.
After hearing the submissions made on either side, I find that the quantity of liquor involved in this case is 2.7 litres of IMFL. The applicant is 69
years old. He has been in custody since 02.11.2020. Therefore, further incarceration is not necessary. But considering the antecedents of the
applicant, stringent conditions can be imposed.
In the result, the Bail Application is allowed and the applicant is directed to be released on bail on the execution of bond for Rs.1,00,000/-(Rupees one
lakh only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-
(i) He shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of two months or till the filing of the final
report whichever is earlier.
(ii) He shall not tamper with evidence, intimidate or influence the witnesses.
(iii) He shall not get involved in similar offences during the currency of the bail.
In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.