Aneesh vs State Of Kerala

Ashok Menon, J

Applications for regular bail under Section 439 of the Code of Criminal Procedure, 1973.

2. The applicant in B.A.No.4710/2021 is the 1st accused while the applicant in B.A.No.4709/2021 is the 2nd accused in Crime No.534/2021 of

Mannar Police Station, Alappuzha, for having allegedly committed offences punishable under Sections 8(1) &(2) of the Kerala Abkari Act, 1077.

3. The prosecution case, in brief, is that on 28.05.2021 at about 7.00 p.m., the applicants were found to be in possession of 500 ml of illicit arrack for

the purpose of selling in the courtyard of the house of the 1st accused and on further search, 13 litres of arrack was found kept under haystack on the

terrace of the house. The accused were both arrested, the contraband seized and they were remanded to judicial custody. They continued in custody.

4. The 2nd accused was thereafter released on interim bail on 02.06.2021. The applicants stated that the allegations are not true and they are

innocent. They do not find any criminal antecedents and therefore, further incarceration may not be required and they may be released on bail.

4. Heard the learned counsel for the applicants and the learned Public Prosecutors.

5. The learned Public Prosecutors admit that the applicants do not have any criminal antecedents. Considering this fact and the quantity of the liquor

involved and also the present pandemic situation, I find that the applicants need not be incarcerated any further and therefore, the interim bail granted

to the 2nd accused is made absolute, while the 1st accused is also released on bail on the execution of bond for Rs.50,000/-(Rupees fifty thousand

only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i)Â He shall not get involved in similar cases during the currency of the bail.

(ii)Â He shall appear before the investigating officer as and when called for.

(iii)Â He shall not tamper with evidence, intimidate or influence the witnesses.

In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.