Kuttappan 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 the accused in Crime No.43/2019 of Sasthamcotta Excise Range Office, Kollam District, for having allegedly committed offences punishable under Section 55(i) of the Abkari Act.

The prosecution allegation is that on 06.04.2019 at 7.45 pm, the accused was found engaged in the illicit retail sale of Indian Made Foreign Liquor and thereby committed the offence. The accused was arrested on the same day, enlarged on bail, and the investigation was later completed. Upon filing the final report before the Judicial First Class Magistrate’s Court, Sasthamcotta, the case was taken on file as CP 34/2019 and committed to Sessions Court and later made over to the Assistant Sessions Court, Karunagappally as SC 1673/2019. Though summons were issued for appearance, he remained absent. Accordingly, coercive steps were taken and notice was issued to the sureties who did not turn up and MC 32/2023 was registered against them. Thereafter, NBW was issued with a returnable date as 02.03.2024 and on that date the accused was arrested and produced, and he was remanded to judicial custody since then.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 02.03.2024, 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 having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and considering the allegation against the petitioner, the quantity involved, the fact that he has been in custody since 02.03.2024, 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;

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