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Judgment
20 paragraphs · 389 wordsK.Haripal, J
The sole accused in Crime No. 59/2021 of Peravoor Excise Range, seeks anticipatory bail on Section 438 of the Cr.P.C.
It is alleged that on 07.06.2021 at 11.45 am, while the Excise Officials attached to Peravoor Excise Range Office were conducting patrol duty, they
found 100 litres of wash having been concealed in a heap of sacks in the backyard of the house of the petitioner bearing No.IX/446, Peravoor Grama
Panchayath. Seeing the Excise party the petitioner was found attempting to take some articles from the heaps of sack. But he could not be arrested at
that time. Now, apprehending arrest the petitioner has approached this Court.
The learned counsel submits that, the petitioner is a Chemical Engineer working abroad. He came to native place in January this year, that he has
no connection whatsoever with the contraband. It is his ancestral home, and that he does not have criminal antecedents.
The learned Public Prosecutor has also endorsed the submissions that he does not have any criminal antecedents.
It is alleged that the petitioner was present when the 100 litres of wash and other utensils were found at the place and there were reasons to think
that preparations for illegal brewing of arrack was in progress. Whatever it may be, whether the petitioner had any nexus with the contraband can be
decided only after taking evidence.
Pending adjudication of such disputed, questions, custodial interrogation of the petitioner is not necessary. He does not have criminal antecedents to
his credit. The offence alleged is under Section 55(g) of Kerala Abkari Act, which does not prescribe any statutory minimum substantive sentence and
hence the embargo under Section 41(a) of the Abkari Act,is not attracted.
Therefore, the petitioner shall be at liberty to surrender before the Investigating Officer within ten days from today and will make himself available for
interrogation; in the event of arrest, he shall be released on bail on executing bond for Rs.50,000/- (fifty thousand rupees only) with two solvent
sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the investigation, shall not try to contact or
influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail.
Bail Application is allowed as above.