Dileep V.R vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioner is the sole accused in Crime No.42 of 2021 of Pala Excise Range Office registered for the offences punishable under Sections 8(1),

8(2) and 65(B) of the Abkari Act.

The prosecution allegation is that on 25.05.2021 the Excise Officials on getting some reliable information intercepted the vehicle driven by this

petitioner and conducted a search and then they found the petitioner transporting 5 litres of arrack in his car bearing No.KL 26 E 8401 through the

public road, in contravention of the provisions of the Abkari Act. Thereby, he committed the aforesaid offences.

The petitioner has been in custody since 25.05.2021.

According to the learned counsel for the petitioner he is totally innocent of the allegations levelled against him. But he is undergoing incarceration

from the date of his arrest on 25.05.2021. Hence this application.

The learned Public Prosecutor has submitted that the investigation is well in progress and this petitioner is having no criminal antecedents.

Considering the quantity of contraband involved, the period of detention undergone by him in judicial custody, the present stage of investigation as well

the other facts and circumstances involved in this case, I am inclined to release him on bail subject to the following conditions :-

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties for the like sum each

to the satisfaction of the court having jurisdiction.

(ii) He shall also appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

 (iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.