Kannan vs State Of Kerala

Application for regular bail under Section 439 of Cr.P.C. The applicant is the sole accused in Crime No.147/2021 of Alathur Police Station for having allegedly committed offences punishable under Sections 8(1) and (2) of the Kerala Abkari Act.

The prosecution case, in brief, is that on 12.03.2021at about 6.30 p.m. at a place called Kunisserry in Naripotta, the accused was found to be in possession of 4.6 litres of illicit arrack in contravention of the aforesaid provisions of the Act. He was arrested on 12.03.2021 and remanded to judicial custody and continues in custody.

The applicant states that he is innocent and the allegations are not true 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 that fact and also the quantity of the liquor involved and the present pandemic situation, I find that further incarceration of the applicant may not be necessary. In the result, the Bail Application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) He shall not get involved in similar cases during the currency of the bail.

(ii) He shall appear before the investigating officer as and when called for.

(iii) He shall not tamper with evidence, intimidate or influence the witnesses.

In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.