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Judgment
14 paragraphs · 412 wordsShircy V, J
Application for regular bail.
The petitioner is the 2nd accused in Crime No. 48 of 2021 of Varappuzha Excise Range registered for the offences punishable under Sections 55(g), 55D and 61 of the Kerala Abkari Act.
The petitioner has been in custody since 09.11.2021.
The prosecution allegation is that on 09.11.2021, the Inspector, Varappuzha Excise Range got information that the petitioner as well as his brother, the other accused, together are engaged in distillation of illicit arrack. On getting the secret information, they conducted a search at the residence of the accused and seized 12 litres of wash and utensils kept for the purpose of illicit distillation and thereby the contraband was seized and the case has been registered. This petitioner alone was arrested from the spot as the other accused took to his heels.
The learned counsel for the petitioner has a case that he is also residing along with the 1st accused. But he has absolutely no connection with the articles seized by the excise team. Still he is undergoing incarceration.
The learned Public Prosecutor has submitted that now the investigation of the case is well in progress. But this petitioner has no criminal antecedents.
It is true that the 1st accused has not been apprehended so far. But this petitioner aged 30 years has absolutely no criminal antecedents. Considering the total quantity of the contraband involved, the period of detention undergone by him in custody and the other facts and circumstances involved, I am inclined to release him on bail.
Therefore, this application is allowed subject to the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall 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.