Anandan vs State Of Kerala

Shircy V, J

The petitioner, who is the sole accused in Crime No. 143 of 2021 of Excise Range, Chelannur, registered for the offence punishable under Section 55(g) of the Kerala Abkari Act has filed this application for his release on bail.

The prosecution case is that on 09.09.2021 at about 1.10 p.m., this petitioner was found in possession of 15 litres of wash kept near the wash room of a house bearing No. 52 at Madavoor Village, in contravention of the provisions of the Kerala Abkari Act. Thus, this case has been registered against him.

The petitioner has been in custody since 09.09.2021.

The learned Public Prosecutor has no case that this petitioner is having any criminal antecedents. The records would also reveal that the investigation of the crime has progressed considerably.

Having regard to the period of detention undergone by the petitioner in judicial custody, the quantity of the contraband involved, the present stage of investigation as well the other facts and circumstances involved, I am inclined to release him on bail.

Therefore, this application is allowed subject to the following conditions:

(i) The petitioner shall be released on bail on his 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 petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(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.

In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law.