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Judgment
Application for regular bail under Section 439 Cr.P.C. The applicant is the sole accused in Crime No.13/2021 of Adimaly Excise Range Office,
Idukki, for having allegedly committed offences punishable under Sections 55(a), 55(i) and 67(B) of the Kerala Abkari Act.
The prosecution case, in brief, is that on 15.02.2021 at about 8 p.m, the applicant was found to be in possession of 25 litres of IMFL intended for
sale. He was arrested and remanded to judicial custody. The bail application filed by him before the jurisdictional court was dismissed. Hence the
applicant is before this Court seeking indulgence. The specific allegation against the applicant is that he was travelling in an auto-rickshaw bearing
Reg.No. KL/16 N 1489 from Machiplavu-Korangatty road with the aforesaid contraband articles inside the auto-rickshaw.
The applicant states that he is innocent and the allegations are not true. He has no criminal antecedents and therefore seeks regular bail.
Heard the learned counsel for the applicant and the learned Public Prosecutor.
The learned Public Prosecutor submits that the applicant is involved in a similar case in the year 2017 and thereafter he has not been involved in any
other crime.
Considering the quantity of the liquor involved, the antecedents of the applicant and the fact that the applicant has been in custody since 15.02.2021,
further incarceration of the applicant may not be necessary.
In the result, the bail 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 for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;
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 filing of the final
report whichever is earlier.
He shall not attempt to influence or intimidate the witnesses.
He shall not get involved in similar offences during the currency of the bail.
In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.