Joby K V vs State Of Kerala

Viju Abraham, J.

This is an application for Regular Bail.

The petitioner is the sole accused in Crime No.67/2022 of Sreekandapuram Excise Range Office, Kannur alleging commission of offences punishable under Sections 8(1)(2) of the Abkari Act..

The prosecution case is that, on 15.06.2022 at about 5.30P.M., while the excise officials were on patrol duty at Chemperi Velliyaparambu area, they got reliable information regarding the illicit manufacture and sale of country made arrack and they proceeded to the property of the petitioner and on their arrival at the property of the petitioner, they could detect the contraband articles stored in a plastic container having approximately 20 litres near the shed in which the petitioner and his family are residing. Hence thereby committed the offence.

The learned counsel for the petitioner submitted that, the petitioner has surrendered before the investigating officer on 20.06.2022 and he is in custody since then. Though he moved an application for bail, before the Judicial First Class Magistrate Court, Taliparamba, the same was rejected as per Anx.A1- order. It is further submitted that, he is falsely implicated in the above said crime and he is not involved in any other crime. It is only submitted that the contraband was seized from a shed in the property of the petitioner and he is a driver by profession and he has absolutely no role in the commission of the said offence.

The learned Public Prosecutor seriously opposed the application for bail mainly contending that it is a case where 20 litres of arrack was seized from near a shed in which the petitioner and his family is residing, but submitted that the petitioner has no other criminal antecedents.

Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody from 20.06.2022 onwards and that the petitioner has no other criminal antecedents, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions:

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only)each 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.67/2022 of Sreekandapuram Excise Range Office, Kannur, on every Saturday at 11 am until filing of final report and shall co-operate with the investigation;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or any witness in Crime No.67/2022 of Sreekandapuram Excise Range Office, Kannur;

(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.67/2022 of Sreekandapuram Excise Range Office, Kannur may file an application before the jurisdictional court, for cancellation of bail.