AI Structured Summary
Not yet generated for this judgment
Judgment
The applicant is the sole accused in Crime No.11 of 2021 of Nooranadu Excise Range, for having allegedly committed an offence punishable under
Section 55(i) of the Kerala Abkari Act. The prosecution case, in brief, is this:
On 20.01.2021, at about 12.45 PM, the Excise officials apprehended the accused, while he was in possession of 1.900 ml of Indian made Foreign
Liquor and was engaged in sale of the same. A sum of Rs.100/- was also seized from him being proceeds of sale. The applicant was arrested,
remanded to judicial custody. He has been in custody since then. The applicant states that he is 69 years old. And, therefore, he may not be
incarcerated any further. He seeks bail.
Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The applicant submits that he is involved in another crime
of similar nature. However, considering the quantity of the liquor involved and the age of the applicant and the present pandemic situation and the fact
at the applicant has been in custody for 46 days, there is no necessity for further detention of the applicant.
In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/-(Rupees Fifty
thousand only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:
(i) He shall appear before the Investigating Officer on all Saturdays between 9.00 AM and 12.00 PM for a period of two months.
(ii) He shall not intimidate or influence witnesses and tamper with evidence.
(iii) He 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.