Kamal vs State Of Kerala

Raja Vijayaraghavan V, J

This application is filed under Section 439 of the Cr.P.C.

The applicant herein is the accused in Crime No.484 of 2021 registered at the Koratty Police Station under Sections 8(1) & (2) of the Kerala

Abkari Act.

Prosecution allegation is that on 1.6.2021 at 10.25 p.m., the applicant was allegedly found having in his possession 600 ml of illicit arrack in a bottle

near “Variety Dabaâ€​ at Chirangara, Thrissur in violation of the provisions of the Abkari Act.

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

The applicant has been in custody from 1.6.2021 onwards. The seizure has been effected and it appears from the case records that the

investigation has made much headway. It is not reported that the applicant is involved in any other crimes of similar nature. Having regard to the

nature and gravity of the allegations, the quantity of alcohol seized, the period of detention undergone and the stage of investigation, I am of the view

that the applicant can now be released on bail.

In the result, this application will stand allowed. The applicant shall be released on bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand

only) with two solvent sureties each for the like sum each to the satisfaction of the court having jurisdiction. The above order shall be subject to the

following conditions:

1). The applicant shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for one month or till final report is filed, whichever is earlier.

2). He shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

3). He shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and

pass appropriate orders in accordance with the law.