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Judgment
12 paragraphs · 367 wordsShircy V, J
The petitioners are accused Nos. 1 to 3 in Crime No. 299 of 2021 of Aloor Police Station registered for the offences punishable under Sections 8(1), 8(2) and 55(g) of the Kerala Abkari Act.
The petitioners are in custody since 21.10.2021.
The allegation against these petitioners in brief is as follows:
At 10.25 p.m. on 22.06.2021 on receipt of secret information, the excise officials conducted raid at a place near Kallettumkara and found the petitioners engaged in the process of distillation of illicit arrack. 30 litres of wash and 500 mls. of illicit arrack and other utensils used for distillation of arrack was seized by the excise officials and thus the case was registered against them. But the excise officials could not apprehend the petitioners then and there. Thereafter they have moved this court for pre-arrest bail. But the same was dismissed directing them to surrender before the investigating officer. Thus, they surrendered on 21.10.2021 and now undergoing incarceration since the date of their surrender.
According to the learned Public Prosecutor, the investigation of the case is over and charge sheet has been submitted before the jurisdictional court. The prosecution has no case that these petitioners have any criminal antecedents. Hence, considering the fact that the investigation of the case is over and that they have no criminal antecedents, I am inclined to release them on bail.
Therefore, this application is allowed subject to the following conditions:
(i) The petitioners shall be released on bail on each of them executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioners shall co-operate with the trial of the case.
(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court.
(iv) The petitioners shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.