Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR TUESDAY, THE 7TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946 BAIL APPL. NO. 3537 OF 2024 CRIME NO.65/2024 OF Kasaragod Excise Range Office, Kasargod PETITIONER(S)/ACCUSED PAVAN.M AGED 34 YEARS S/O PRADEEP KUMAR, KARUNA NILAYAM, MEEPUGIRI DESOM, KUDLU VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT., PIN - 671121 BY ADVS. A.ARUNKUMAR S.SHYAM KUMAR SACHIN GEORGE ARAMBAN
RESPONDENT(S)/STATE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: PP VIPIN NARAYANAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.PRATHEEP KUMAR, J.
-------------------------------------- Bail Application No.3537 of 2024 ------------------------------------------ Dated this the 07th day of May, 2024
ORDER
1. This is an application for regular bail filed by the accused in Crime No.65/2024 of Excise Range, Kasargode under Section 439 Cr.P.C. The offence alleged against the petitioner is under Section 58 of the Abkari Act.
2. The Prosecution case is that on 16.4.2024 at about 1.50 pm, the accused was found in possession of 8.64 liters of Indian Made Foreign Liquor (IMFL) in Kudlu village, which was meant for sale in the State of Karnataka.
3. According to the learned counsel for the petitioner, this is a false case foisted against him and that the petitioner is innocent.
4. The application was opposed by the learned Public Prosecutor.
5. The only allegation against the accused is that he was found in possession
of 8.64 liters of Indian Made Foreign Liquor (IMFL) in Kudlu village, which was meant for sale in the State of Karnataka. In the crime and occurrence report, there is no allegation that the petitioner possessed the IMFL for the purpose of sale. In the above circumstances, considering the fact that the petitioner is in custody since 16.4.2024, I am inclined to allow this application, subject to the following conditions :-
(i) The petitioner is released on bail on executing bond for Rs.50,000/- (fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the trial Court.
(ii) The petitioner shall report before the Investigating Officer on every Tuesday between 10.00 am and 11.00 am till the final report is filed or till the end of June, 2024, whichever is earlier.
(iii) The petitioner shall co-operate with the investigation. He shall not intimidate or influence the witnesses or tamper with the evidence.
(iv) The petitioner shall not involve himself in similar
offence while on bail. Sd/- C.Pratheep Kumar Judge Mrcs/7.5 APPENDIX OF BAIL APPL. 3537/2024 ANNEXURE Annexure AI A TRUE COPY OF THE ORDER DATED 20-04-2024 IN C.M.P.NO.519 OF 2024 OF JFCM-I, KASARAGOD