Gangadharan Nair vs State Of Kerala

Petitioner is the accused in Crime No.18 of 2021 of the Excise Range, Koyilandy. The crime is registered alleging commission of offences

punishable under Sections 8(1) and 8(2) of the Abkari Act.

As per the prosecution case, at about 6.12 p.m on 17.02.2021, the petitioner was found to be in possession of 10 litres of arrack. He was arrested

on the same day and produced before the jurisdictional court and remanded to judicial custody. Petitioner moved the jurisdictional magistrate court

with an application for bail which was dismissed as per Annexure I order.

Learned Counsel for the petitioner submits that the petitioner has no antecedents and the case against him is cooked up.

Admittedly, the petitioner has no criminal antecedents and was arrested on 17.02.2021. In such circumstances, his custody need not be continued

for the purpose of investigation.

Hence, the bail application is allowed. The petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with

two solvent sureties for the like sum to the satisfaction of the court having jurisdiction. The grant of bail shall be subject to the following conditions:

1) The petitioner shall appear before the Investigating Officer on the second Saturday of every month or till final report is filed, whichever is earlier.

2) The petitioner shall not intimidate or attempt to influence the witnesses.

3) The petitioner shall not commit any similar offence while he is on bail.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and

pass appropriate orders in accordance with the law.