Dijo vs State Of Kerala

K.Haripal, J

The sole accused in crime No.327/2021 of Pudukkad Police Station is before this Court under Section 439 of the Cr.P.C. seeking his regular bail.

The crime was registered on 23.06.2021 alleging offences under Sections 8(1) and (2) and 55(g) of the Abkari Act, after seizing 1.5 litres of arrack

and 3 litres of wash from house No.XIII/34 of Cherumadathil Lodge, Puthukad Gramapanchayath in the occupation of the petitioner. He was arrested

along with the contraband and since then is in judicial custody.

The learned counsel for the petitioner submits that he has no criminal antecedents to his credit. That has been testified by the learned Public

Prosecutor also. He is in custody for the last 13 days. Considering the nature of the offence, substantial portion of the investigation must have been

over at the time of seizure itself. Therefore, there is no meaning in detaining him further. He also does not bear any criminal antecedents.

In the circumstances, the petitioner shall be released on bail on the following conditions:-

i) Petitioner shall execute bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional

Court;

ii) He shall not try to contact or influence the witnesses or tamper with evidence;

iii) He shall not leave the country without leave of the jurisdictional court;

iii) He shall not involve in any crime during the period on bail;

iv) He shall appear before the Investigating Officer/trial Court as and when required;

v) He shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19

pandemic;

vi) If any of the above conditions are violated by the petitioner, the jurisdictional court will be a liberty to cancel the bail in accordance with law.

This bail application is allowed as above.