Babu vs State Of Kerala

Mohammed Nias C.P., J

This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail. The petitioner is the accused in Crime No. 51/2023 of Excise Range Office, Chavakkad, for having allegedly committed the offence punishable under Sections 8(1) & (2) of the Abkari Act.

The prosecution case is that, on 24.8.2023 at 5.40 P.M., the accused was found in possession of 10 litres of arrack in jerry can of 10 litre capacity while coming through Pananthara-Papaly road in Punnayoorkulam Village and thereby, committed the offence.

The learned counsel appearing for the petitioner would submit that the petitioner is totally innocent and has been falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 24.8.2023 and the continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the nature of the allegations against the petitioner and the fact that he has been in custody since 24.8.2023 and also, since there is no apprehension raised by the prosecution that if released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner, taking into account the quantity involved and that no other criminal antecedents have been reported against the petitioner. Accordingly, this application is allowed, and the petitioner is granted bail, subject to the following conditions:-

i. The petitioner shall be released on bail on executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like sum to the satisfaction of the jurisdictional court;

ii. The petitioner shall report before the Investigating Officer as and when directed;

iii.The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

iv.The petitioner shall not be involved in any other crime while on bail.

If any of the conditions are violated, the jurisdictional court concerned will be empowered to take steps for cancellation of bail as per law.