Biju Kovvapran vs State Of Kerala

Raja Vijayaraghavan V, J

The above captioned application seeking regular bail is filed under Section 439 of the Code of Criminal Procedure ( “Code†for short ) by the

accused in Crime No.158 of 2021 of the Pariyaram Police Station registered inter alia under Sections 8(1)(2) and 55(g) of the Abkari Act.

The prosecution allegation is that on 16.05.2021 at about 2.00 p.m., the accused were found in possession of 2 litres of arrack for sale in

contravention of the provisions of the Abkari Act. They were arrested on 16.05.2021 and remain in custody since then.

The learned counsel appearing for the applicants submitted that they are innocent.

The learned Public Prosecutor has opposed the prayer.

I have considered the submissions advanced and have perused the materials which are made available. It appears from the records that the

investigation has progressed to the final stages.

Having considered all the relevant aspects, I am of the view that the further detention of the applicants in custody is not necessary. They can be

granted bail by imposing appropriate conditions.

In the result, this application will stand allowed, however, it shall be subject to the following conditions:

The applicants shall be released on bail on their executing a bond for Rs.50,000/-(Rupees Fifty thousand only) each with two solvent sureties each for the like sum

to the satisfaction of the court having jurisdiction.

The applicants shall appear before the Investigating Officer between 9 a.m. and 11 a.m. on every Saturday for a period of two months or until the filing of the final

report whichever is earlier.

The applicants shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

They shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and

pass appropriate orders in accordance with the law.