Mukesh P.R. vs State Of Kerala

Mohammed Nias C.P.J

The petitioner is the accused in Crime No. 187/2023 of Thiruvalla Excise Range Office, Pathanamthitta, for having allegedly committed offences punishable under Sections 8(1) and 8(2) of the Abkari Act.

The allegation against the petitioner is that the petitioner was found in possession of 3 litres of arrack near electric post bearing No. K/KV/121/16/B in Panchummoottil Kadavu – Vadasseri – Pookoyippadi road in Kuttoor Village in Thiruvalla Taluk. Thus, the prosecution alleges that the petitioner has committed the offence punishable under sections 8(1) and 8(2)

The learned counsel appearing for the petitioner would say that the petitioner is innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner is in custody from 01/09/2023, 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 the learned Public Prosecutor and considering the nature of the allegations against the petitioner and the fact that he has been in custody since 01/09/2023, 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 .

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.25,000/- (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 be involved in any other crime while on bail.

(v) If any of the conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law;