Sajith vs State Of Kerala

K. Babu, J

This is an application filed under Section 439 of the Code of Criminal Procedure.

The  petitioner  is  the  2nd accused  in  Crime No.988/2022 of Kallambalam Police Station, Thiruvananthapuram. The offence alleged against the petitioner is punishable under Section 55(i) of the Kerala Abkari Act.

The prosecution case is that the petitioner was found in possession of 450 ml of Indian Made Foreign Liquor for sale on 25.10.2022 at the compound of the Bhagath Petrol Pump, Yadhukadu.

The petitioner was arrested on 25.10.2022 and has been in judicial custody since then.

Heard the learned counsel for the petitioner and the learned Pubic Prosecutor.

The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in the crime. It is further submitted that the petitioner is in ventilator, in the Medical College Hospital, Thiruvananthapuram.

The learned Public Prosecutor opposed the bail plea of the petitioner.

Having regard to the nature of allegations, stage of the investigation and the tenure of judicial custody undergone by the petitioner, I am of the view that the petitioner is entitled to be released on bail on conditions.

In the result, this Bail Application is allowed as follows:

(a) The petitioner shall be released on bail on his executing 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.

(b) He shall appear before the Investigating Officer on all Mondays between 10 A.M. and 11 A.M. till the final report is filed.

(c) He shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.