Arun Ghosh vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioner is the accused in Crime No.389/2021 of Ochira Police Station registered for the offences punishable under Sections 55 (g) , 8(1)&

(2) of the Kerala Abkari Act.

The petitioner has been in custody since 31.05.2021.

The prosecution case is that on 31.05.2021 the officials of Ochira Police Station found the petitioner in possession of 2 liters of illicit arrack kept for

sale, in contravention of the provisions of the Abkari Act and thereby the petitioner has committed the aforesaid offences.

It is submitted by the learned counsel for the petitioner that he has been falsely implicated in the case. In fact, he is totally innocent of the

allegations levelled against him.

The learned Public Prosecutor has submitted that this petitioner has no criminal antecedents.

Considering the quantity of the contraband involved in this case, the period of detention undergone by him in custody, the present stage of the

investigation as well the fact that he is not having any criminal antecedents, I am inclined to release him on bail subject to the following conditions:

(i) The petitioner shall be released on bail on 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.