Mangalan vs State Of Kerala

Mohammed Nias C.P, J

The petitioner is the accused in Crime No. 155/2023 of Chadayamangalam Excise Range Office, Kollam District, for having allegedly committed offences punishable under Sections 55(1) of the Kerala Abkari Act.

The allegation against the petitioner is that, on 22.08.2023 at 12.20 a.m., the petitioner was found in possession of 40 litres of Wash kept in a plastic bucket and utensils for the purpose of manufacturing arrack at the house of the accused named Sreeragam House, bearing No.1X/99 of Nilamel Grama Panchayath, Valayidam Desom in Nijamel Village and thereby committed the offence.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 22.08.2023, and continued custody of the petitioner is unnecessary.

The learned Public Prosecutor opposed the petition.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the nature of the allegations against the petitioner and also since there is no apprehension raised by the prosecution that if released on bail, the petitioner is likely to abscond, I hold that bail can be granted to the petitioner, taking into account the quantity involved and that the petitioner has been in custody since 22/08/2023.

Accordingly, this application is allowed, and the petitioner is granted bail subject to the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs.25000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(ii) The petitioner shall report before the Investigating Officer as and when directed

(iii) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses;

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

(v) If any of the conditions are violated, the court concerned will be em