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2019 Supreme(Online)(KER) 50502

HIGH COURT OF KERALA
BALAN – Appellant
Versus
STATE OF KERALA – Respondent


The petitioner is the accused in Crime No.31 of 2019

of Nadapuram Excise Range registered for the offence

punishable under Section 55(i) of the Abkari Act on the

allegation that on 13.6.2019 at 11.30 a.m., the petitioner

was found in possession of four litres of Indian made

foreign liquor for the purpose of sale, in contravention of

the provisions of the Abkari Act.

2. The petitioner was arrested from the spot and ever

since, he has been in custody.

3. Heard.

4. The learned Public Prosecutor has no serious

objection in granting bail to the petitioner. It has been

submitted by the learned Public Prosecutor that the

petitioner is not involved in any other offence of similar

nature. Considering the facts and circumstances of the

case, including the fact that the contraband seized is Indian

-3-

made foreign liquor and also taking into consideration of

the fact that the petitioner is a first time offender, I am

inclined to grant bail to the petitioner.

In the result, this application stands allowed and the

petitioner shall be enlarged on bail on condition of the

petitioner executing a bond for Rs.30,000/- (Rupees thirt

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