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High CourtsSingle Bench(2020) 12 KL CK 0196

Hassan U.K. vs State Of Kerala And Anr

High Court Of Kerala · Decided on 14 December 2020

HON’BLE JUDGES
Ashok Menon, J
RESULT
Allowed
CASE NUMBER
Bail Application No. 7910 Of 2020

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Judgment

17 paragraphs · 334 words
1.

The applicant is the sole accused in Crime No.1035 of 2020 of Chandera Police Station, Kasargod, for having allegedly committed offence

punishable under Section 55(i) of the Kerala Abkari Act. The prosecution case, in brief, is this:

2.

On 15.11.2020, at about 4.45 PM, the accused was found engaged in sale of Indian Made Foreign Liquor and 5 litres of IMFL was seized from him

and Rs.3,800/- was also seized as proceeds of sale. He was arrested and remanded to judicial custody on 16.11.2020 and continues to remain in

custody. The applicant states that he is innocent and the allegations are not true. Moreover, it is also stated that his wife is suffering from cancer and

requires his assistance as is evident from Annexure-2, treatment certificate.

3.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The applicant has been in custody since 15.11.2020. The

learned Public Prosecutor has pointed out that the applicant was involved in two similar cases some time ago. The learned counsel appearing for the

applicant in answer to that submits that in both those cases he has been acquitted to which the learned Public Prosecutor agrees. Under the

circumstances, I find that further incarceration of the applicant may not be necessary.

4.

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 as and when called for.

(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.