Soju 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 second accused in Crime No.21/2022 of Vatanappilly Police Station. The offences alleged against the petitioner are punishable under Sections 58 & 67B of the Abkari Act.

The prosecution case is that on 08.03.2022 at 09.30 hours, the petitioner along with the other accused were found transporting 27 liters of illicit liquor in a scooter bearing Registration No.KL-47-K-6186 for the purpose of sale.

The petitioner was arrested on 08.03.2022 and has been in judicial custody since then.

Heard the learned Counsel for the petitioner and the learned Public Prosecutor.

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

Learned Counsel for the petitioner submitted that the petitioner has no connection with the alleged offences. The real fact is that he happened to be the rider of the motor bike involved.

Having regard to the stage of the investigation and the tenure of judicial custody undergone by the petitioner, 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 and Fridays between 10 A.M. and 11 A.M. for a period of three months or till the final report is filed, whichever is earlier.

(c) He shall not involve in any other offences while on bail.

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