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Judgment
The applicant is the sole accused in Crime No.25 of 2021 of Kumbala Excise Range, Kasargod, for having allegedly committed offences punishable
under Sections 58 and 67B of the Kerala Abkari Act. The prosecution case, in brief, is this:
On 16.02.2021, at about 8.35 PM, the applicant was found transporting 11.160 litres of Indian Made Foreign Liquor, intended for sale in the state of
Karnataka in his Mahendra Jeep bearing reg.No.KL-03-B-4060. He was arrested and remanded to judicial custody. He continues in custody. The
applicant states that he is innocent and the allegations are not true and that he has no criminal antecedents. And, therefore, he may be released on bail.
Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor admits that the applicant
has no criminal antecedents. Considering the quantity of the liquor involved and the fact that the applicant has no criminal antecedents, further
detention of the applicant may not be required.
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.