Jimmy vs State Of Kerala

Raja Vijayaraghavan V, J

This application is filed under Section 439 of the Cr.P.C.

The applicants herein are the accused in Crime No.60 of 2021 registered at the Excise Range, Thrissur under Sections 8(1), 8(2), 55(b) and 5(g) of

the Kerala Abkari Act.

Prosecution allegation is that on 30.4.2021 at 6.30 p.m., the applicants were allegedly found having in their possession 10 litres of arrack and 250

litres of wash in violation of the provisions of the Abkari Act.

Heard the learned counsel appearing for the applicants and the learned Public Prosecutor.

The applicants have been in custody from 30.4.2021 onwards. It appears from the case records that the investigation has made much headway. It

is not reported that the applicants are involved in any other crimes of similar nature. Having regard to the nature and gravity of the allegations, the

quantity of alcohol seized, the period of detention undergone and the stage of investigation, I am of the view that the applicants can now be released

on bail.

In the result, this application will stand allowed. The applicants shall be released on bail on their executing a bond for Rs.50,000/- (Rupees Fifty

thousand only) each with two solvent sureties each for the like sum each to the satisfaction of the court having jurisdiction. The above order shall be

subject to the following conditions:

1). The applicants shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for one month or till final report is filed, whichever is

earlier.

2). They shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

3). They shall not commit any offence while 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.