CHENTHAMARAKSHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The applicant is the sole accused in Crime No.101/2020 of Alathur Excise Range Office, Palakkad for having allegedly committed offence punishable under Section 55(i) of the Kerala Abkari Act.

(2.) The prosecution case, in brief, is that on 28.8.2020, the applicant allegedly stored 52 litres of IMFL, intended for sale in his house, which was seized by the Excise Officials. The applicant states that he was arrested on 28.08.2020 and remanded to judicial custody and continues to be in custody. It is also submitted that he has got 55% disability as evidenced by Annexure A2, a medical certificate produced by him. It is further stated that the applicant has no criminal antecedents and therefore, he may be released on bail.

(3.) Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor admits that the applicant does not have any criminal antecedents. The applicant has been in judicial custody since 28.8.2020. Considering the quantity of the liquor involved, the antecedents of the applicant and the present pandemic situation, I find that the applicant need not be incarcerated any longer.