Madhu vs State Of Kerala

K. Haripal, J

The petitioners are the accused in Crime No.735/2021 of Adoor Police Station, Pathanamthitta district, which is registered alleging offence

punishable under Sections 55(g) and 8 (1) and (2)of the Abkari Act.

The precise allegation against the petitioners is that on 13.05.2021 at 2. a.m they were found in possession of a 70 litres of wash in a can and

aluminum pot and 650 ml of arrack in a building adjacent to the Puthussery House at Puthusserri Colony, Pannivizha in Adoor Village. They were

apprehended by the Sub Inspector Adoor Police Station. The first petitioner was arrested on 13.05.2021 itself and the second petitioner was arrested

on 15.05.2021. Thereafter they were released on interim bail on the strength of the orders passed by the Hon'ble Supreme Court following the Covid

pandemic guidelines. Now the learned counsel submits that the police is again after them, so that they are sought to be released on bail.

The learned Public Prosecutor says that he has no instruction with regard to the criminal antecedents of the petitioners. The order of the learned

Sessions Judge dated 04.06.2021 indicates that the dates on which they remained in custody cannot be understood from records. Their

application for regular bail was rejected by the learned Sessions Judge. It is evident that both of them were in judicial custody atleast for a few days.

The Investigating Officer has not yet moved for their custodial interrogation. Now they are on interim bail and considering the fact that quantity

involved is comparatively small, they can be released on bail subject to the following conditions:-

i) The petitioners shall execute a bond for Rs.50,000/-(Rupees Fifty Thousand Only) each with two solvent sureties each for the like sum to the satisfaction of the

Jurisdictional court;

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

iii) Petitioners shall not leave the country without permission of the jurisdictional Court;

iv) They shall appear before the Investigating Officer/committal/trial court as and when required;

v) The petitioners shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of

Covid 19 pandemic;

vi) If any of the above conditions are violated by the petitioners, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

This bail application is allowed, as above.