Anil Kumar vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

The petitioner is the 4th accused in Crime No. 39/2022 of Excise Range, Irinjalakkuda, Thrissur alleging commission of offences punishable under Sections 55(a), (f), 58 & 12 C r/w 55 C of the Kerala Abkari Act.

The prosecution case is that, on 22.03.2022 at about 1.30 PM, the excise officials have detected the illicit liquor Manufacturing and Bottling Unit run by the 1st, 2nd and 3rd accused at Irinjalakkuda Desom, Irinjalakkuda Village, Mukundapuram Taluk and seized 60 litres of spirit, 240 litres of color mixed spirit, 353 of country liquor and utensils therefrom. The 1st and 2nd accused were arrested on 22.03.2022 and they were remanded to judicial custody and later on granted bail by the Honorable Judicial First Class Magistrate Court, Irinjalakkuda. The 3rd accused who is the owner of the building was also arrested, remanded and later on released on bail.

The learned counsel for the petitioner submitted that, the petitioner is falsely implicated in the above said crime. Initially the petitioner was not arrayed as an accused, later he received a notice from the Investigating Officer. He appeared before the investigating officer on 30.05.2022 and he was questioning and arrested on the same day. It is further submitted that the petitioner has no other criminal antecedents.

The learned Public Prosecutor opposed the application for bail, mainly contended that the petitioner is the main person who is funding all transaction and the details of the source of his fund is yet to be ascertained and the investigation is in the initial stage.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody from 30.05.2022 and the petitioner is not involved in any other crime, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

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

(ii) Petitioner shall appear before the investigating officer in Crime No. 39/2022 of Excise Range, Irinjalakkuda, Thrissur, on every Saturday at 11 am until filing of final report and shall co operate with the investgation;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or any witness in Crime No. 39/2022 of Excise Range, Irinjalakkuda, Thrissur;

(iv) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(v) 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. 39/2022 of Excise Range, Irinjalakkuda, Thrissur may file an application before the jurisdictional court, for cancellation of bail..