Deepu @ Divakaran vs State Of Kerala

Viju Abraham, J

This is an application for Regular Bail.

The petitioner is the sole accused in Crime No.43/2021 of Excise Range Office, Wadakkanchery, Thrissur alleging commission of offences punishable under Section 55(g) of the [Abkari Act] 1 of 1077.

The prosecution case is that, on 05.06.2021 at 02.15 PM., while the Excise Inspector Wadakkanchery and party were conducting patrolling duty and the Excise Inspector seized 180 liters of wash from a land at Kumbalangadu and the accused thereby alleged to have committed the aforesaid offences.

The learned counsel for the petitioner submitted that, the petitioner has earlier approached this Court by filing Crl.M.C No.1550/2022 which was disposed of with the direction to surrender before the Jurisdictional Magistrate and had directed the court to pass appropriate orders in the application for bail submitted by the petitioner without any delay. Thereafter the petitioner surrendered before the Jurisdictional court and the bail application was rejected as per Anx.A1- order.

The learned Public Prosecutor opposed the application for bail, but submitted that there are no other criminal antecedents as against the petitioner and further that the charge sheet is already laid.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the charge sheet has already been laid and I find that further custodial interrogation is not necessary in this case and also taken note of the fact that the petitioner 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 stringent 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.43/2021 of Excise Range Office, Wadakkanchery, Thrissur, as and when required by the investigating officer;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.43/2021 of Excise Range Office, Wadakkanchery, Thrissur;

(iv) 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.43/2021 of Excise Range Office, Wadakkanchery, Thrissur may file an application before the jurisdictional court, for cancellation of bail.