SASIKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is common in both these cases. In Crime No. 135/2021 of Bediadka Excise Range Office (out of which B.A. No. 10058/2021 arises) the petitioner was found in possession of 36.72 litres of Indian Made Foreign Liquor intended for sale in the State of Goa. In Crime No. 103/2021 of same Excise Range Office (out of which B.A. No. 649/2022 arises), the petitioner was found in possession of 3.240 litres of Indian Made Foreign Liquor meant for sale in the State of Goa. In both these cases the allegation is that the petitioner had illegally imported the Indian Made Foreign Liquor in question for the purpose of sale in Kerala in violation of the provisions of the Abkari Act and the Rules framed thereunder.

(2.) The learned Public Prosecutor points out that the petitioner is accused in total of 11 other cases where similar offences are alleged against him. It is submitted that if the petitioner is granted bail there is every chance that he may indulge in commission of similar offences.

(3.) Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 12/12/2022, (though his arrest in Crime No. 103/2021 was recorded only on 27/12/2021), I am of the opinion that the petitioner can be granted bail subject to conditions.