Chandrasekharan vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

Petitioner is the accused in Crime No.321/2022 of Vellarikkund Police Station alleging commission of offences punishable under Sections 8(1) and 8(2) of Abkari Act.

The prosecution case is that, on 06.05.2022 at about 06.00 pm, the Melparamba Police Patrolling party found the petitioner and the 2nd accused with liquor bottles of 1 ltr meant for sale, seeing the police party they ran abandoning the bottle of liquor they had, the police chased them. Thereafter, from the petitioner's information the police party recovered 161.5 liters of country made arrack stored in different bottles from the property of Mr. Sebastian.

Learned counsel for the petitioner submits that he is arrested and in custody from 06.05.2022 and he has no other criminal antecedents. Petitioner earlier moved an application for bail in JFCM-II, Hosdurg, and the said bail application was rejected.

The learned Public Prosecutor opposed the bail application and submitted that the quantity involved is high and the petitioner shall not be granted bail. Prosecutor also submitted upon instruction that he is not involved in any other crime.

Taking all these aspects into consideration and considering the fact that he is in custody from 06.05.2022, and he has no other criminal antecedents, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following conditions:

(i) The petitioner shall execute bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii)Petitioner shall appear before the investigating officer in Crime No.321/2022 of Vellarikkund Police Station, as and when required;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.321/2022 of Vellarikkund Police Station;

(iv) The petitioner shall not attempt to interfere with the investigation or to influence or any witness in Crime No.321/2022 of Vellarikkund Police Station;

(v) 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.321/2022 of Vellarikkund Police Station may file an application before the jurisdictional court, for cancellation of bail.