Anilkumar @ Kuttan vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioner is the sole accused in Crime No. 140 of 2020 of Neeleshwar Excise Range registered for the offences punishable under Sections 8(1) and 8(2) of the Kerala Abkari Act.

The prosecution case is that on 07.11.2020 at about 6 p.m. the petitioner was found in possession of 5 litres of arrack kept for the purpose of sale near to his house at Chulli in Maloth Village in contravention of the provisions of the Kerala Abkari Act and thereby committed the aforesaid offences.

The petitioner has been in custody since 08.11.2021.

The submission of the learned counsel for the petitioner is that he is totally innocent.

The learned Public Prosecutor submits that the investigation of the case is well in progress.

Considering the quantity of the contraband involved, the period of detention undergone by the petitioner and the present stage of investigation, I am inclined to grant bail to the petitioner.

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 learned Magistrate is empowered to cancel the bail in accordance with the law.