Jose A.S. vs State Of Kerala

K.Haripal, J

In this application filed under Section 439 of the Cr.P.C., the sole accused in Crime No.63/2021 of Kumbala Excise Range, Thrissur, seeks his release

on bail.

2. The prosecution allegation is to the effect that on 01.05.2021, he was found in illegal possession of 10 litres of arrack and 120 litres of wash and

also utensils for manufacturing illicit arrack. He was arrested along with the contraband on 01.05.2021 and since then is in judicial custody.

3. While in custody, following the guidelines issued by the High Power Committee, he was released on interim bail on 15.05.2021. Then he moved

the Sessions Court seeking regular bail, which was turned down on the premise that he has to report back for considering the application.

4. The learned counsel for the petitioner submits that he has no criminal antecedents to his credit. This aspect has been endorsed by the learned

Public Prosecutor also.

After hearing counsel on both sides and taking into account the fact that he had been in custody for fifteen days and since investigation has progressed

considerably, his further detention is not warranted and interim bail is made absolute and the petitioner shall be released on bail on the following

conditions:-

i)Â Petitioner shall execute bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional

Court;

ii)Â He shall not try to contact or influence the witnesses or tamper with evidence;

iii)Â He shall not leave the Country without leave of the jurisdictional court;

iv)Â He shall not involve in any crime during the period on bail;

v)Â He shall appear before the Investigating Officer/committal Court/trial Court as and when required;

vi)Â He shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19

pandemic;

vii)Â If any of the above conditions are violated by the petitioner, the jurisdictional court will be a liberty to cancel the bail in accordance with law.

This bail application is allowed as above.