Kunhikkannan P vs State Of Kerala

Viju Abraham, J

This is an application for anticipatory bail.

The petitioner is the sole accused in Crime No.65/2021 of Alakode Excise Range Office, alleging commission of offences punishable under Sections 8(2) r/w Section 8(1) of the Abkari Act.

The gist of prosecution is that on 01-05-2021, at 9 am, at Peruvattam in Thimiri desom of Thimiri Village, the accused was found possessing 5 litres of illicit arrack in violation of the provisions of the Abkari Act and thereby the accused has committed the aforesaid offences.

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

The learned counsel for the petitioner submitted that he has been falsely implicated in the aforesaid crime and further submitted that he has no other criminal antecedents.

The  learned  Public  Prosecutor  upon  instructions submitted that the petitioner ran away from the spot on seeing the police party and further submitted that he has no other criminal antecedents.

Considering the facts and circumstances of the case and taking note of the fact that the petitioner has no other criminal antecedents, I feel that custodial interrogation of the petitioner is not required for the purpose of the investigation. It is seen that the crime is in the year 2021 and the investigation is practically over. Considering all these aspects, I am inclined to grant anticipatory bail to the petitioner. In the result, this application is allowed. Petitioner shall surrender before the investigating officer in Crime No.65/2021 of Alakode Excise Range Office, on 12.10.2022 at 11 am and make himself available for interrogation on that day or any other day/days as directed by the investigating officer. It is directed that in the event of arrest of the petitioner in Crime No.65/2021 of Alakode Excise Range Office, he shall be produced before the Jurisdictional Court on the same day and he shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the Jurisdictional Court,

(ii) The petitioner shall appear before the investigating officer in Crime No.65/2021 of Alakode Excise Range Office, as and when called for,

(iii) The petitioner shall not attempt to influence the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.65/2021 of Alakode Excise Range Office,

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.65/2021 of Alakode Excise Range Office, may file an application before the jurisdictional Court, for cancellation of bail.