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Judgment
21 paragraphs · 329 wordsK.Haripal, J
This is an application filed under Section 439 of the Cr.P.C. seeking regular bail to accused Nos.1 and 2 in crime No.86/2021 of Kottarakara Excise
Range, Kollam District.
2. The crime was registered on 08.06.2021, after seizing 240 litres of wash and 30 litres of arrack and also other paraphernalia for illicit making of
arrack from a partly built house, owned by a third party, situated in Thalayanavila Desom within the Kottarakara Excise Range. The petitioners, who
are accused Nos.1 and 2, were arrested along with the contraband on 08.06.2021 itself and are in judicial custody from that date. Now they face
allegations punishable under Sections 8(1) and (2) and 55(g) of the Abkari Act.
3. The learned counsel for the petitioners submits that they have no criminal antecedents.
4. The learned Public Prosecutor has submitted that the investigation has advanced considerably and their continued detention is not warranted.Â
They have no other cases of similar nature against them. In the circumstances, they need not be detained in custody further.
Therefore, the petitioners shall be released on bail on the following conditions:-
i)Â Petitioners shall execute bond for 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)Â They shall not try to contact or influence the witnesses or tamper with evidence;
iii)Â They shall not leave the country without leave of the jurisdictional court;
iv)Â He shall not involve in any crime during the period on bail;
v)Â They shall appear before the Investigating Officer/trial Court as and when required;
vi)Â They 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)Â If any of the above conditions are violated by the petitioners, the jurisdictional court will be a liberty to cancel the bail in accordance with law.
This bail application is allowed as above.