High CourtsSingle Bench

Bijumon vs State Of Kerala

High Court Of Kerala · Decided on 14 June 2021 · Citation: (2021) 06 KL CK 0218

HON’BLE JUDGES
Ashok Menon, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Kerla Abkari Act, 1967 — Section 8(1), 8(2), 55(g)
RESULT
Allowed
CASE NUMBER
Bail Appl. No. 4636 Of 2021
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Judgment

13 paragraphs · 227 words

Ashok Menon, J

1.

This is an application for regular bail under Section 439 of the Cr.P.C.

2.

The applicants are accused 2 to 5 in Crime No.663/2021 of Sooranad Police Station for having allegedly committed the offences punishable under

Sections 8(1), 8(2) and 55(g) of the Abkari Act.

3.

The prosecution case, in brief, is that on 31.05.2021 at about 9.20 PM, the applicants were found engaged in brewing illicit arrack in the kitchen of

the house owned by the 1st accused at Edakkad Muri in Poruvazhy Village. They were arrested and 1.6 litres of arrack and 20 litres of wash were

seized from the spot. The applicants were arrested and remanded to judicial custody. Subsequently, in view of the pandemic situation, they were

granted interim bail.

4.

The applicants state they do not have any criminal antecedents and are willing to cooperate with the investigation and hence seek regular bail.

5.

Heard the learned Counsel for the applicants and the learned Public Prosecutor.

6.

The learned Public Prosecutor admits that the applicants have no criminal antecedents. Considering the quantity of liquor involved and the fact that

the applicants do not have any criminal antecedents, I do not find any reason for further incarceration of the applicants. Therefore, the interim bail

granted to the applicants is made absolute and they shall execute the bonds as directed.