Manoj @Joji vs State Of Kerala

Petitioner is the accused in Crime No.35 of 2021 of Thiruvalla Excise Range registered for offence under Section 55(g) of the Abkari Act. The prosecution case is that on 15.02.2021, the Excise Officials while conducting patrol duty found the petitioner in possession of 160 litres of wash at his residence.

The learned public prosecutor vehemently opposes the application even though, no criminal antecedents have been reported against the petitioner.

The learned counsel submitted that the allegations are not true and that the petitioner is in custody since 05.03.2021.

Petitioner is not reported to be involved any other case from the Thiruvalla Excise Range. Having regard to the above and considering the fact that the petitioner has been in custody from 05.03.2021, I am inclined to grant bail to the petitioner but, subject to conditions:

Petitioner is granted bail in Crime No.35 of 2021 of Thiruvalla Excise Range and he shall be released (if not required to be detained otherwise) on his executing bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Magistrate and subject to the following conditions:

(a) One of the sureties shall be a close relative of the petitioner.

(b) Petitioner shall report to the investigating officer on every Saturday between 10.00 am and 12.00pm until filing of the final report.

(c) Petitioner shall report to the investigating officer as and when required for interrogation.

(d) Petitioner shall not get involved in any offence during the period of this bail.

(e) Petitioner shall not intimidate or influence the witnesses.

(f) In case any of the condition nos.(b) to (e) are violated, it is open to the investigating officer to file application before the learned Magistrate for cancellation of the bail granted hereby.