Akhil Francis vs State Of Kerala

Shircy V, J

Application for regular bail filed under section 439 of Cr.P.C.

The petitioner is the second accused in Crime No.303 of 2021 of Puthenvelikkara Police Station, Ernakulam District registered for the offences

punishable under Section 8(1) r/w Section 8(2) of the Abkari Act.

The prosecution allegation is that on 11.05.2021 at about 3.15 pm, this petitioner was found along with the first accused transporting illicit arrack in a

motor cycle bearing registration No.KL-42/Q-836 through the public road at Thuruthipuram in contravention of provisions of the Abkari act. On seeing

the police, after abandoning the scooter and illicit arrack in their possession, they fled away from the spot.

This petitioner has been apprehended on 12.05.2021.

It is submitted by the learned counsel for the petitioner that bail has already been granted to the first accused and now the investigation is almost

complete.

The learned public Prosecutor has opposed the application pointing out the criminal antecedents of the petitioner, as he is involved in 5 other cases

registered under the Indian Penal Code and the Special Act of 2012.

It is true that this petitioner is having criminal antecedents but he is not involved in any Abkari offence so far. Moreover, the investigation of the

case is nearing completion and it is also to be taken into consideration that this petitioner is aged only 25 years.

Considering all these facts, especially present stage of the investigation and period of detention undergoing by the petitioner in this case, I am inclined

to grant bail to the petitioner subject to the following conditions :

 (i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties  for the like sum

each to the satisfaction of the court having jurisdiction. One of the surety shall be his close relative.

(ii) He shall also appear before the Investigating Officer for interrogation as and when required by him, in writing.Â

(iii) The petitioner 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 or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

(v) The petitioner shall appear before the Puthenvelikkara police station on every Friday between 11 am and 12 pm for a period of two months or till the final report is

filed, whichever is earlier