Mahesh vs State Of Kerala

Shircy V., J

Application for regular bail.

The petitioners who are the accused in Crime No.101 of 2021 of Kayamkulam Excise Range registered for the offences punishable under Sections

8(i) and (ii) and 67B of the Kerala Abkari Act, have filed this application seeking their release on bail.

The prosecution case is that on 24.07.2021 at about 5.10 pm the petitioners were found in possession of 4.8 litres of arrack kept by them in

contravention of the provision of the Abkari Act by the Excise officials. Thereby, they have been booked for the aforesaid offences.

The petitioners have been in custody since 24.07.2021.

Heard the learned counsel for the petitioners as well the learned Public Prosecutor.

The learned counsel for the petitioners have submitted that they have not committed any offence as alleged by the prosecution and they are manual

labourers and they are totally innocent.

The learned Public Prosecutor has submitted that the petitioners have no criminal antecedents and now the investigation of the case is practically

over.

Considering the quantity of contraband involved, the period of detention undergone by the petitioners in custody, the present stage of investigation as

well the other facts and circumstances involved in this case, I am inclined to release them on bail subject to the following conditions :-

(i) The petitioners shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only)each with two solvent sureties for the like sum

each to the satisfaction of the court having jurisdiction.

(ii) They shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioners shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law..