Melvin vs State Of Kerala

Shircy V, J

Application for regular bail.

Petitioners are the accused Nos.1 and 2 in Crime No.236 of 2021 registered for the offences punishable under Sections 8(1) and 8(2) and 65 (g) of

the Abkari Act.

The prosecution allegation is that on 29.05.2021, the petitioners were found engaged with manufacturing of illicit liquor at the residence of the first

accused and 10 litres of illicit arrack were seized from their possession with certain equipments used for brewing illicit arrack and thereby they have

committed the aforesaid offences.

The learned counsel for the petitioner would submit that they were arrested on 30.05.2021 and since then they have been custody. They have not

committed any offence of similar nature so far.

The learned Public Prosecutor would fairly submit that the investigation of the case has progressed considerably.

Having regard to the nature of the offences alleged against these petitioners, the period of detention undergone by them in judicial custody, the quantity

of contraband involved in this case as well other facts and circumstances involved, I think that they can be released on bail subject to the following

conditions :-

(i) The petitioners shall be released on bail on their executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties for the like sum

each to the satisfaction of the court having jurisdiction.

(ii) They shall also 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.