Girish Kumar vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioner is the accused in Crime No.723 of 2021 of Sasthamcotta Police Station registered for the offences punishable under Sections 8(1)

and 8(2) of the Abkari Act.

The prosecution allegation is that on 03.06.2021 at about 11 am he was found in possession of 750 ml of arrack and transporting the same in his

scooter bearing Registration No.KL 61 D 4219, in contravention of the provisions of the Abkari Act, by the police personnel of Sasthamcotta police

station and thereby he was apprehended.

The petitioner has been in custody since 03.06.2021.

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

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 and 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.40,000/- (Rupees forty thousand only) with two solvent sureties forÂ

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 toÂ

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.

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