Biju vs State Of Kerala

Gopinath P., J

The petitioner is the accused in Crime No.8/2022 of Koyilandy Excise Range, Kozhikode District alleging commission of offence under Section 55

(g) Kerala Abkari Act.

The allegation against the petitioner is that on 21-01-2022 when the Preventive Officer of Koilandy Excise Range and party reached the property of

the petitioner acting on a tip of that the petitioner was engaged in manufacture of illicit arrack, they found 200 litres of wash allegedly kept for the

purpose of manufacture of arrack.

The learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the wash was

recovered from a property belonging to the petitioner to which several persons had access. It is submitted that the petitioner has no criminal

antecedents and that he had no connection with the wash found from his property. It is also submitted that the petitioner lost his father on 26-01-2022

and the petitioner was not even able to attend the last rites of his father. It is submitted that the petitioner may be granted bail subject to conditions.

I have heard the learned Public Prosecutor also. The learned Public Prosecutor opposes the grant of bail. She submits that the Excise Preventive

officer had conducted a search of the petitioner's premises on getting specific reports that the petitioner was engaging himself of illegal manufacture

of arrack. It is submitted that the recovery of wash meant for manufacture of arrack fortifies the conclusion of the Department that the petitioner was

engaged in illegal manufacture of arrack. It is submitted that the petitioner is not entitled to be released on bail

Having regard to the facts and circumstances of the case and considering the nature of allegations against the petitioner and considering the fact

that the petitioner has been in custody from 21-01-2022, I am of the opinion that the petitioner can be granted bail. I also take note of the fact that no

criminal antecedents are reported against the petitioner.

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

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

jurisdictional Court;

(ii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.8/2022 of Koyilandy Excise Range ;

(iii) 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.8/2022 of Koyilandy Excise Range may file an application before

the jurisdictional Court for cancellation of bail.