Point of Law: Grant of Bail - Possession of Contraband - Considering applicant has no criminal antecedents and been in judicial custody.

ORDER :

This is an application seeking regular bail under Section 439 Cr.PC.

2. The applicant is the sole accused in Crime No.49/2020 of Neeleswaram Excise Range Office, Kasaragod District for having allegedly committed an offence punishable under Section 55(g) of the Kerala Abkari Act.

3. The prosecution case, in brief, is that on 15/4/2020 at about 6.15 p.m., the applicant was found to be in possession of 100 liters of Wash stored near to his house at Kondody in Karinthalam Village. He could not be apprehended on that date. But subsequently, he approached this Court and filed application for anticipatory bail. But the same was disposed of by this Court directing the applicant to surrender before the investigating officer. Accordingly, he surrendered on 23.02.2021 and was remanded to judicial custody. He has no other criminal antecedents and therefore, the applicant seeks bail.

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

5. The learned Public Prosecutor admits that the applicant has no criminal antecedents. Considering the fact that the applicant has no criminal antecedents and he has been in custody since 23.02.2021, I find no reason for further detention of the applicant.

In the result, the Bail Application is allowed and the applicant is directed to be released on bail on execution of a bond for Rs.1,00,000/-(Rupees One lakh only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on the following conditions:

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

(ii) He shall not attempt to influence or intimidate the witnesses or tamper with evidence.

(iii) He shall not get involved in similar offences during the currency of the bail. 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.