Jose P.D vs State Of Kerala

Application for regular bail under Section 439 Cr.PC. The applicant is the sole accused in Crime No.27/2021 of Mannarkkad Excise Range, Palakkad for having allegedly committed offence punishable under Section 55(g) of the Kerala Abkari Act.

The prosecution case, in brief, is that on 9.2.2021 at about 5.45 P.M., the Excise Party attached to the Mannarkkad Excise Range found the accused in possession of 70 litres of wash near the basement in his property intended for distillation of arrack. He was arrested and remanded to judicial custody on the next day and continues to be in remand. The applicant states that he is innocent and the allegations are not true. He has no criminal antecedents and therefore seeks bail.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor admits that the applicant has no criminal antecedents. Considering the fact that the applicant has been in custody for more than one month and that he has no criminal antecedents and also considering the quantity of the contraband, I am of the view that further detention of the applicant is not required. He is entitled to be released on bail.

In the result, the Bail Application is allowed and the applicant is directed to be released on bail on execution of a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on the following conditions:

(I) He shall appear before the investigating officer as and when called for and cooperate with the investigation.

(ii) He shall not attempt to influence or intimidate the witnesses or tamper with evidence.

(iii) He shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to approach the jurisdictional court to get the bail order cancelled.