Mani Pelayiyil vs State Of Kerala

Gopinath P., J

The petitioner is the sole accused in Crime No.23/2021 of Alakkode Excise Range, Kannur District alleging commission of offences under Sections

8 (1) & 8 (2) of the Kerala Abkari Act.

The allegation against the petitioner is that while the Excise team was on patrol duty, they found a person carrying about 4 liters of illicit arrack. It is

alleged that on seeing the excise party the person in question dropped the Can and ran away from the place. It is alleged that the petitioner was later

identified as the person who was transporting the illegal arrack.

The learned counsel for the petitioner submits that the petitioner is totally innocent in the matter and has been roped in on the basis of some

misunderstanding. It is submitted that there are no antecedents reported against the petitioner and the petitioner had not transported any illicit arrack as

alleged. It is submitted that on receiving information from the Excise officials that the petitioner has been identified as the person who was transporting

arrack, the petitioner had surrendered before the Judicial First Class Magistrate Court, Thaliparamba on 01-01-2022 and was remanded in custody on

the same day. It is submitted that the further detention of the petitioner is not necessary in the matter.

I have heard the learned Public Prosecutor also.

Having regard to the facts and circumstances of the case and considering the nature of allegations against the petitioner and considering the fact

that the continued detention of the petitioner may not be necessary for a proper investigation into Crime No.23/2021 of Alakkode Excise Range, I am

of the view that the petitioner can be granted bail subject to conditions.

In the result this bail application is allowed. It is directed that the petitioner 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 like sum to the satisfaction of the

jurisdictional Court;

(ii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.23/2021 of Alakkode Excise Range;

(iii) 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.23/2021 of Alakkode Excise Range may file an application before

the jurisdictional Court for cancellation of bail.