Aneesh K.K vs State Of Kerala

Gopinath P., J

The petitioner is the accused in Crime No.67/2020 of Alakode Excise Range, Kannur District alleging commission of offence under Sections 55 (g)

of the Kerala Abkari Act.

The allegation against the petitioner is that the petitioner was found in possession of 425 litres of wash for brewing arrack. It is alleged that on

seeing the Excise party the petitioner ran away from the spot and was arrested later.

The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that there is no

recovery of any wash from the possession of the petitioner. It is submitted that the petitioner has been falsely implicated into the case. Finally, it is

submitted that the petitioner has been in custody from 18-12-2021 and has completed 59 days in custody.

The learned Public Prosecutor opposes the grant of bail. It is submitted that huge quantity of wash recovered from the property of the petitioner. It

is submitted that considering the huge quantity of wash, the petitioner is not entitled to be released on bail.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 18-12-2021 and

since no criminal antecedents are reported against the petitioner and also considering the fact that the continued detention of the petitioner may not be

required for the purpose of any investigation, I am of the view that the petitioner can be granted bail subject to conditions.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the

jurisdictional Court;

(ii) The Petitioner shall report before the Investigating officer in Crime No.67/2020 of Alakode Excise Range as and when called upon to do so;

(iii) The petitioner shall not interfere with the investigation, influence or intimidate any witness in Crime No.67/2020 of Alakode Excise Range;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.67/2020 of Alakode Excise Range may file an application before

the jurisdictional Court for cancellation of bail.

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