Mukesh vs State Of Kerala

This is an application filed under Section 439 of the Code of Criminal Procedure.

The petitioner is the sole accused in Crime No.60 of 2020 of Alathur Excise Range. The offences alleged against the petitioner are punishable under Sections 8(1) and 8(2) of the Kerala Abkari Act.

The prosecution case is that on 21.05.2020 at about 5.15 p.m., at Mudapalloore, the petitioner was found in possession of 2 litres of illicit arrack in contravention of the Kerala Abakri Act and Rules.

The petitioner surrendered before the Investigating Officer on 08.04.2021, and he has been in judicial custody since then.

Heard the learned counsel for the petitioner and the learned Pubic Prosecutor.

The learned counsel for the petitioner submitted that the petitioner is innocent and that he has been falsely implicated in the crime.

Considering the stage of the investigation and the tenure of judicial custody undergone by the petitioner, I am of the view that the petitioner is entitled to be released on bail on conditions.

In the result, this Bail Application is allowed as follows:-

(a) The petitioner is ordered to be released on bail 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 court below.

(b) He shall appear before the Investigating Officer on all Wednesdays between 10 A.M. and 11 A.M. till the final report is filed.

(c) He shall not try to influence the prosecution witnesses or attempt to tamper with the evidence for the prosecution.

(d) If any of the bail conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in accordance with law.