Gopi. M vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the accused in Crime No.83/2020 of Bandadka Excise Range Office, Kasargod, alleging commission of offences under Sections 55(g) and 8(1) and (2) of the Kerala Abkari Act.

Allegation against the petitioner is that 105 litres of wash and five litres of arrack were recovered from a shed adjoining the house of the petitioner and thereby, he committed the offences alleged against him.

Learned counsel appearing for the petitioner submits that the petitioner was arrested on 14.01.2022 and has been in custody since then. It is submitted that the shed in question is a place to which several persons have access and that the contraband might have been stored by someone else. It is submitted that the petitioner is a lottery seller by profession. It is submitted that the petitioner is a cardiac patient and reference is made in this regard to Annexure1. It is submitted that the petitioner has no criminal antecedents and that the continued detention of the petitioner is not necessary for the purpose of any investigation.

Learned Public Prosecutor opposes the grant of bail. Reference is made to the fact that a huge quantity of wash and five litres of arrack were recovered from a shed, which admittedly, stands on the property of the petitioner. It is submitted that the submission of the learned Senior Counsel for the petitioner that the shed is a place accessible to many is not a sufficient ground to hold that the petitioner is not guilty of the offences alleged against him. It is submitted that there is every chance of the offence being repeated, if the petitioner is released on bail.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 14.01.2022 and taking note of the fact that no criminal antecedents are reported against the petitioner and also taking note of the fact that continued detention of the petitioner is not necessary for the purpose of any investigation, I am of the opinion that the petitioner can be released on bail subject to strict conditions. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No. 83/2020 of Bandadka Excise Range Office on every Saturday at 11 am until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No..83/2020 of Bandadka Excise Range Office ;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No. 83/2020 of Bandadka Excise Range Office may file an application before the jurisdictional court, for cancellation of bail.