IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

MONDAY, THE 7^TH DAY OF FEBRUARY 2022 / 18TH MAGHA, 1943 BAIL APPL. NO. 693 OF 2022 O.R.NO.7 OF 2022 OF CHADAYAMANGALAM EXCISE RANGE OFFICE, KOLLAM PETITIONER/ACCUSED:

SURENDRAN PILLAI AGED 56 YEARS CHERIYAKUTTILAYKKODU, UMMANNOOR KOTTARAKARA KOLLAM, PIN - 691512 BY ADVS.

R.V.SREEJITH G. Maheswary RESPONDENT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR OTHER PRESENT:

ADV ASHI -PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application for regular bail.

2. The petitioner is the accused in O.R.No.7/2022 of Chadayamangalam Excise Range Office, Kollam District alleging commission of offences under Sections

67B and 55(i) of the Kerala Abkari Act.

3. The allegation against the petitioner is that he was found in possession of 2 litres of Indian Made Foreign Liquor and an amount of Rs.600/-, which, according to the prosecution, is the amount received by the petitioner from the illegal sale of Indian Made Foreign Liquor.

4. The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the quantity of Indian Made Foreign Liquor recovered from the petitioner is within the permissible limit. It is submitted that the allegation that the petitioner was engaged in illegal sale of Indian Made Foreign Liquor is absolutely untenable. It is submitted that the petitioner has been falsely implicated in the matter.

5. I have heard the learned Public Prosecutor also.

6. Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 11.1.2022 and taking into account the nature of the allegations against the petitioner, I am of the view that the petitioner can be granted bail subject to conditions.

7. In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a 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) The petitioner shall report before the Investigating officer in O.R.No.7/2022 of Chadayamangalam Excise Range Office, Kollam, as and when called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in O.R.No.7/2022 of Chadayamangalam Excise Range Office, Kollam ;

(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 O.R.No.7/2022 of Chadayamangalam Excise Range Office, Kollam, may file an application before the jurisdictional Court for cancellation of bail.

Sd/-

GOPINATH P.

JUDGE acd APPENDIX OF BAIL APPL. 693/2022 PETITIONER ANNEXURES Annexure1 THE CERTIFIED COPY OF THE OCCURRENCE REPORT IN O.R. NO. 7/2022 OF EXCISE RANGE OFFICE, CHADAYAMANGALAM Annexure2 THE CERTIFIED COPY OF THE INVENTORY REPORT PREPARED BY THE EXCISE OFFICER DATED

11.01.2022 Annexure3 THE CERTIFIED COPY OF THE ORDER IN C.M.P. NO.

80/2022 IN O.R.NO. 7/2022 DATED 17.01.2022