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Judgment
21 paragraphs · 333 wordsK. Haripal, J
The sole accused in crime No.102/2021 of Thiruvalla Excise Range, Pathanamthitta is now before this Court seeking bail under Section 439 of the
Cr.P.C.
The crime was registered under Sections 8(1) & (2) and 55(g) of the Abkari Act after seizing one litre of arrack, 55 litres of wash and some
utensils used for illicit making of arrack, from the residential property of the petitioner.
I heard the learned counsel for the petitioner and also the learned Public Prosecutor.
The learned counsel for the petitioner has submitted that the petitioner was arrested on 23.06.2021 and since then is in judicial custody.
The learned Public Prosecutor has submitted that the petitioner has no criminal antecedents to his credit.
The petitioner is in custody for the last 15 days, the investigation must have been progressed considerably and his further detention is not warranted.
Considering the facts and circumstances of the case and also taking into account the submission of the learned Public Prosecutor that the petitioner
has no criminal antecedents, he shall be released on bail, on the following conditions:-
i) The petitioner shall execute bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the
jurisdictional court;
ii) He shall not try to contact or influence the witnesses or tamper with evidence;
iii) He shall not leave the country without permission of the jurisdictional court;
iv) He shall not involve in any crime during the period on bail;
v) He shall appear before the investigating officer/trial court as and when required;
vi) The petitioner shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of
Covid 19 pandemic;
vii) If any of the above conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in accordance with law.
This bail application is allowed as above.