Sreekanth vs State Of Kerala

The applicant is the sole accused in Crime No.710/2020 of Kuttampuzha Police Station, Ernakulam, for having allegedly committed offences

punishable under Sections 55(a), 55(i) of the Abkari Act.

The prosecution case, in brief, is that on 08.12.2020 at about 8 p.m, at a place called Sathrappady, 8 litres of IMFL was seized from a baggage

which was kept on the upper berth of the bus which was allegedly driven by the applicant. The applicant was arrested and remanded to judicial

custody.

The applicant states that he is innocent and he is not even aware of the baggage placed in the bus. It is a passenger bus in which several

passengers have been plying and there were also four other employees of the bus apart from the applicant. The applicant therefore disowns the

ownership of the contraband that was seized from the bus. The applicant also states that he has no criminal antecedents and it is indicated that the

liquor bottles have stickers of Kerala State Beverage Co-operation indicating that it is not illicit liquor and under the circumstances, the applicant is

entitled to bail.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

The applicant has no criminal antecedents of similar offences. It is pointed out by the learned Public Prosecutor that the applicant was involved in

an IPC case for bailable offence in the year 2016. That apart he is not involved in any other case, particularly in Abkari cases.

Under the circumstances, I find that 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 execution of 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;

(1) He shall appear before the investigating officer as and when called for.

(2) He shall not attempt to influence or intimidate the witnesses.

(3) 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.