0

Petitioner accused in illicit sale of the Indian Made Foreign Liquor was granted bail as his continued detention will cause prejudice to him : High Court of Kerala

Petitioner who was accused to be engaged in illegal sale of Indian Made Foreign Liquor was granted bail after custody of 20 days as his continued detention is not necessary for the purpose of investigation and was upheld by High Court of Kerala through the learned bench led by HONOURABLE MR. JUSTICE GOPINATH P in the case of ANIKUTTAN vs. STATE OF KERALA (BAIL APPL. NO. 2038 OF 2022) on 21st March, 2022.

Brief facts of the case are that allegation against the petitioner is that on 01.03.2022 at 12.45 pm, the petitioner was found in possession of 12.75 litres of Indian Made Foreign Liquor and engaged in illicit sale in contravention of the provisions of the Abkari Act and that an amount of Rs.31,200/-, which, allegedly, is the proceeds of sale, also was recovered from the petitioner.

Learned counsel for petitioner submits that the petitioner has been in custody for 20 days and that his continued detention is not necessary for the purpose of any investigation. Petitioner has been falsely implicated in the matter and that the petitioner was not engaged in any illicit sale of the Indian Made Foreign Liquor. It is also submitted that the continued detention of the petitioner will cause prejudice to the petitioner.

Learned Public Prosecutor vehemently opposes grant of bail. It is submitted that there are criminal antecedents insofar as the petitioner is concerned and Crime No.78 of 2020 of the very same Excise Range Office has been registered against the petitioner alleging commission of similar offences. It is further submitted that if the petitioner is released on bail, there is every chance of repeating similar offences in future.

Regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody for 20 days and since his continued detention may not be necessary for the purpose of any investigation, Court decided that the petitioner can be granted bail, subject to conditions. The apprehension expressed by the learned Public Prosecutor that the petitioner may engage in similar offences, if he is released on bail, can be safe guarded by imposing appropriate conditions. )The petitioner shall execute bond for a sum of Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court, petitioner shall not attempt to interfere with the investigation or to influence any witness and shall appear before the investigating officer whenever called. If any of conditions is violated the investigating officer may file an application before the jurisdictional court for cancellation of bail.

Click here to read the Judgment

Judgment reviewed by – Amit Singh

Leave a Reply

Your email address will not be published. Required fields are marked *

Open chat