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Judgment
The applicant is the sole accused in Crime No.134 of 2020 of Chadayamangalam Excise Range, Kollam, for having allegedly committed offence
punishable under Section 55(i) of the Kerala Abkari Act. The prosecution case, in brief, is this:
On 18.11.2020, at about 6.50 PM, the applicant was found engaged in the sale of 2 litres of Indian Made Foreign Liquor at Mathira Thottumukku
Desom in Mankodu Village and the said liquor was seized from him. Apart from that, sale proceeds of Rs.450/- was also seized by the Excise party.
The crime was registered and the applicant was remanded to judicial custody. He continues in custody. The applicant submits that he has no criminal
antecedents. He is 65 years old. And therefore, he may not be incarcerated any longer.
Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. Considering the fact that the applicant is 65 years old, has
no other criminal antecedents and also considering the quantity of the liquor involved in the present pandemic situation, I find that further incarceration
of the applicant may not be necessary.
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.