Jithin vs State Of Kerala

Shircy V, J

Application for regular bail filed under Section 439 of the Code of Criminal Procedure.

The petitioner is the sole accused in Crime No.60 of 2021 of Excise Range Office, Wadakkanchery, Thrissur registered for the offences punishable under Section 8(l) & (2) of the Kerala Abkari Act. .

He has been in custody since 7.8.2021.

The allegation is that on 7.8.2021 at 6.30 p.m the petitioner was found in possession of 70 litres of illicit arrack kept in a house bearing No.III/402 of Kadangod Panchayath in contravention of the provisions of the Abkari Act and thereby committed the aforesaid offences.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

The learned Public Prosecutor has fairly submitted that the investigation of the case is practically over.

Considering the fact that the petitioner is undergoing incarceration for the last more than one month and the investigation of the case is nearing completion, I am inclined to release him on bail subject to the following conditions.

(i) The petitioner shall be released on bail on his  executing 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, till filing of the final report.

(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.