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Judgment
20 paragraphs · 363 wordsShircy V, J
Application for regular bail.
The petitioner is the 1st accused in Crime No.984/2021 of the Kottarakara Police Station, Kollam District registered for the offences punishable
under Sections 8(1)(2) & 55(g) of the Kerala Abkari Act.
The petitioner has been in custody since 30.05.2021.
The prosecution allegation is that on 30.05.2021 at about 11.25 p.m., the accused were found engaged with distillation of illicit arrack and also in
possession of 2.4 liters of arrack kept for sale in the kitchen of the residential house of the 1st petitioner, in contravention of the provisions of the
Abkari Act and thereby the police officials of Kottarakkara Police Station booked him for having committed the aforesaid offences.
According to the learned counsel for the petitioner he has not committed any offence as alleged by the prosecution but he has been falsely
implicated in the case. He is undergoing incarceration right from 30.05.2021 and hence this application.
The learned Public Prosecutor has submitted that the investigation of the case is nearing completion.
Considering the nature of the accusation levelled against the petitioner, the quantity of the contraband involved in this case, the period of detention
undergone by him in custody as well the present stage of the investigation, I am inclined to release him on bail subject to the following conditions:
(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties for the like sum each to
the satisfaction of the court having jurisdiction.
(ii) The petitioner shall 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 to 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.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.