Gireesh vs State Of Kerala

Application for regular bail under Section 439 of Cr.P.C. The applicant is the sole accused in Crime No.33/2020 of Parli Excise Range, Palakkad

for having allegedly committed offence punishable under Sections 8(1) & (2) of the Kerala Abkari Act.

The prosecution case, in brief, is that on 25.05.2020 at about 1 p.m., the Excise Range Inspector and his party intercepted the accused while he was

transporting 1.5 litres of arrack. The applicant fled away and could not be apprehended. Thereafter, the applicant was arrested on 11.02.2021 and

produced before the jurisdictional Magistrate and remanded to judicial custody and continues in remand. His application for bail filed before the

jurisdictional court was dismissed and therefore the applicant approached this Court for indulgence.

The applicant states that he is innocent and the allegations are not true and that he has no criminal antecedents and he may be released on bail.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor admits that the applicant has no criminal antecedent. The quantity involved is only 1.5 litres, and considering the

present pandemic situation, further detention of the applicant may not be necessary. In the result, the application is allowed and the applicant is

directed to be released on bail on execution of bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties, each for the like amount to

the satisfaction of the jurisdictional court and on following conditions:-

(i) He shall appear before the investigating officer as and when called for.

(ii) He shall not tamper with evidence, intimidate or influence the witnesses .

(iii) He shall not get involved in similar offences during the currency of the bail.

In case of violation of at liberty to apply for jurisdictional court. any bail condition, the prosecution is cancellation of the bail before the jurisdictional

court.