Dinju Mohanan vs State Of Kerala

This is an application for regular bail moved under Section 439 of the Cr.P.C by the sole accused in Crime No.34/2021 of Excise Range Office,

Kaduthuruthy, Kottayam District.

The allegation is that, on 31.03.2021 at 5.30 PM, he was found in unlawful possession of 44.5 litres of Indian made foreign liquor. He was arrested

along with the contraband while it was being carried at Manackappady Bhagam in Moorkattupadi-Velloor road in two bags.

I heard the learned counsel for the petitioner as also the learned Public Prosecutor.

The learned Public Prosecutor agreed that criminal antecedents are not noticed against the petitioner. In the nature of the allegations, the continued

detention of the petitioner is not necessary. In such a case of instantaneous seizure of items, substantial portion of the investigation must have been

over at the time when the contraband is seized under a proper mahazar and after collecting the samples. Therefore, the petitioner can be released on

bail on the following conditions:-

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

of the Judicial First Class Magistrate Court â€" I, Vaikom;

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

iii) Petitioner shall not leave India without permission of the jurisdictional Court;

iv) He shall appear before the committal/trial court as and when required;

v) The petitioner shall strictly follow 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 at liberty to cancel the bail in accordance with law.

This bail application is allowed as above.