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Judgment
14 paragraphs · 425 wordsShircy V, J
The petitioner, who is undergoing incarceration in connection with Crime No. 101 of 2021 of Thiruvalla Excise Range Office registered for the offence punishable under Section 55(g) of the Kerala Abkari Act, has moved this application for his release on bail.
The petitioner has been in custody since 01.09.2021.
The prosecution allegation is that on 25.05.2021 at about 3.30 p.m., the Excise officials had detected 213 litres of wash kept in the terrace of the building bearing No. VII/75 of Eraviperoor Panchayat in contravention of the provisions of the Kerala Abkari Act. As this petitioner had fled away from the place of occurrence at the time of detection by the excise officials, he has not been arrested then and there for the aforesaid offence.
The learned counsel for the petitioner submits that in fact the contraband was seized from a house where the petitioner or his family are not residing. It is true that it is the family house of the petitioner. But after the death of his father, he along with his mother moved to another house and the house bearing No.VII/75 was kept locked. He has absolutely no connection with the alleged incident. But he has been arrested and is undergoing incarceration.
The learned Public Prosecutor has submitted that now the investigation of the case is over and charge sheet has been filed before the jurisdictional court and it is pending for committal proceedings as C.P. No. 39 of 2021.
Having regard to the present stage of the case, the period of detention undergone by him in custody, as well the other facts and circumstances involved in this case, I think that this petitioner can be enlarged on bail.
Therefore, this application is allowed subject to the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall co-operate with the trial of the case.
(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 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.