Anil Kumar vs State Of Kerala

K. Haripal, J

The sole accused in crime No.778/2021 of Sasthamcotta police station is before this Court under Section 439 of the Cr.P.C. seeking release on

regular bail. The crime was registered alleging offence punishable under Sections 8(1) and (2) of the Abkari Act.

The allegation is that on 13.06.2021, he was found in possession of 200 ml of arrack in a plastic can. He was arrested along with the contraband

and since then is in judicial custody.

I heard the learned counsel on both sides.

According to them, he does not have criminal antecedents.

In the nature of the allegations, substantial portion of the investigation must have been over on seizure of the items and collection of sample etc; what

is remaining is only recording the witnesses and getting the report from the chemical examination laboratory. Now he is in custody fromÂ

13.06.2021 onwards and further detention is not necessary.

Therefore, the petitioner shall be released on bail on the following conditions:-

i) Petitioner shall execute bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional

court;

ii) He shall not try to contact or influence the witnesses or tamper with evidence;

iii) He shall not leave the country without leave of the jurisdictional court;

iv) He shall not involve in any crime during the period on bail;

v) He shall appear before the Investigating Officer/trial court as and when required;

vi) He shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19

pandemic;

vii) If any of the above conditions are violated by the petitioner, the jurisdictional court will be a liberty to cancel the bail in accordance with law.

This bail application is allowed as above.