Ashokan @ Jolly vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the accused in Crime No.29 of 2021 of Excise Range Office, Kuttampuzha, Ernakulam District, alleging commission of offences

under Sections 8(1), 8(2) and 55(g) of the Kerala Abkari Act 1 of 1077. The allegation against the petitioner is that on 07.07.2021, the petitioner was

found in possession of 200 litres of wash and 40 litres of arrack along with utensils for the purpose of distilling arrack, which was concealed in bushes

near to his house, in contravention of the provisions of the Kerala Abkari Act. The petitioner was arrested on 23.11.2021.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the investigation into the

matter has been completed and a final report has already been filed and therefore, the continued detention of the petitioner is not necessary for the

purpose of investigation.

I have heard the learned Public Prosecutor also. The learned Public Prosecutor points out that a large quantity of wash and a large quantity of

arrack was recovered from the petitioner together with utensils used for distilling arrack. It is submitted that the charges against the petitioner are very

serious and the petitioner is not entitled to bail. However, it is confirmed that following investigation into the matter, a final report has already been

filed against the petitioner.

Having regard to the facts and circumstances of the case and considering the fact that a final report has already been filed, which indicates that the

continued detention of the petitioner is not necessary for the purpose of investigation, I am of the view that the petitioner can be granted bail subject to

stringent conditions.

In the result, this bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

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

Jurisdictional Court;

(2) Petitioner shall report before the investigating officer in Crime No.29 of 2021 of Excise Range Office, Kuttampuzha, Ernakulam District, on every Saturday at

11.00AM until further orders;

(3) The petitioner shall not attempt to influence or intimidate any witness in Crime No.29 of 2021 of Excise Range Office, Kuttampuzha, Ernakulam District;

(4) 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.29 of 2021 of Excise Range Office, Kuttampuzha, Ernakulam

District, may file an application before the Jurisdictional Court for cancellation of bail.