Nixon vs State Of Kerala

Gopinath P., J

These are applications for anticipatory bail.

The petitioner in B.A.No.1590/2022 is the 1st accused and the petitioner in B.A.No.1573/2022 is the 2nd accused in Crime No.153/2022 of Aloor Police Station, Thrissur District, alleging commission of offences under Section 55(a) & (i) of the Kerala Abkari Act.

The allegation against the petitioners is that they were found transporting 200 litres of Indian Made Foreign Liquor (IMFL) (meant for sale only in the State of Puducherry) for the purposes of sale, in Kerala. It is submitted that the label which indicated that the IMFL in question is to be sold only in the State of Puducherry was defaced or removed by the petitioners.

The learned counsel appearing for the petitioners would submit that the petitioners are absolutely innocent in the matter and that they have been falsely implicated. It is submitted the petitioners have no criminal antecedents. It is submitted that if at all the petitioners can be charged only with an offence of having the IMFL in excess of the permitted quantity.

The learned Public Prosecutor opposes the grant of bail. The circumstances of the case are pointed out from the record. It is submitted that the petitioners had clearly committed the offence considering the fact that a large quantity of IMFL was recovered from them. It is submitted that the liquor was clearly brought into the State of Kerala for the purposes of sale as liquor is comparatively cheaper in the State of Puducherry.

Having regard to the facts and circumstances of the case and considering the fact that no criminal antecedents are reported against the petitioners, I am of the view that the petitioners can be granted anticipatory bail subject to conditions.

In the result, this application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of arrest in Crime No.153/2022 of Aloor Police Station subject to the following conditions:-

(i) Petitioners shall execute separate bonds for sums of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioners shall appear before the investigating officer in Crime No. 153/2022 of Aloor Police Station as and when called upon to do so;

(iii) Petitioners shall deposit an amount of Rs.25,000/- (Rupees twenty five thousand only) before the jurisdictional Court;

(iii) Petitioners shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No. 153/2022 of Aloor Police Station;

(iv) Petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.153/2022 of Aloor Police Station may file an application before the jurisdictional Court for cancellation of bail.