ORDER

This is an application for regular bail.

2. Petitioner is the accused in Crime No.41/2022 of Kalpakanchery police station, alleging commission of offences under Sections 55(a) and 55(i) of the Kerala Abkari Act.

3. Allegation against the petitioner is that the petitioner was found in possession of five litres of Indian Made Foreign Liquor, for the purpose of sale, from an autorickshaw, within the limits of Kalpakanchery police station.

4. Learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the only allegation that could be raised against the petitioner is that he was possessing Indian Made foreign Liquor in excess of the prescribed quantity. It is submitted that there is nothing to suggest that the petitioner kept the Indian Made Foreign Liquor in question for the purpose of sale. It is submitted that the petitioner has been in custody from 30.01.2022 and his continued detention is not necessary for the purpose of any investigation.

5. Learned Public Prosecutor points out that the petitioner has criminal antecedents. It is submitted that a case alleging commission of similar offence has been registered against the petitioner. It is submitted that this is clear proof of the fact that the petitioner was engaged in illicit sale of Indian Made Foreign Liquor.

6. Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 30.01.2022 and since his continued detention is not necessary for the purpose of any investigation, I am of the opinion that the petitioner can be released on bail subject to strict conditions. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/-

(Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.41/2022 of Kalpakanchery Police station as and when called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No. 41/2022 of Kalpakanchery police station;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No..41/2022 of Kalpakanchery police station may file an application before the jurisdictional court, for cancellation of bail.