Chandran E vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in O.R.No.41/2023 of Taliparamba Excise Range, alleging offences punishable under Section 55(g) of the Abkari Act, 1077.

According to the prosecution, the accused was found in possession of 140 litres of Wash in a plastic jar having been seized from his residence. Petitioner was arrested on 26.04.2023 and has been in custody since then.

The learned counsel for the petitioner contended that the petitioner is totally innocent and having regard to the period of detention already undergone, petitioner ought to be released on bail.

Smt.T.V.Neema, the learned Public Prosecutor opposed the grant of bail and submitted that the allegations are serious requiring continued detention of the petitioner.

The allegation against the petitioner even though are serious in nature, taking note of the period of detention already undergone from 26.04.2023, I am of the view that further detention of the petitioner is not essential in the peculiar circumstances of the case.

Accordingly, I allow this application and release the petitioner on bail on the following conditions :-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate's Court, Taliparamba.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not commit any similar offences while he is on bail.

(d) Petitioner shall not leave India until conclusion of trial.

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, notwithstanding the bail having been granted by this Court.