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Judgment
21 paragraphs · 365 wordsRaja Vijayaraghavan V, J
The above captioned application seeking regular bail is filed under Section 439 of the Code of Criminal Procedure (“Code†for short ) by the
accused Nos.1 to 4 in Crime No.754 of 2021 of the Kallambalam Police Station registered inter alia under Sections 8(1)(2) of the Kerala Abkari Act.
The prosecution allegation is that on 21.05.2021 at about 6.00 p.m., the petitioners were found transporting 750 ml of arrack in a car bearing
Registration No.KL-16-P-4544 in contravention of the provisions of the Kerala Abkari Act. The petitioners were arrested and they remain in custody.
The learned counsel appearing for the petitioners submitted that the petitioners are innocent.
The learned Public Prosecutor has opposed the prayer.
I have considered the submissions advanced and have perused the materials which are made available.
It appears from the records that substantial part of the investigation is over. It is not reported that the petitioners are persons with criminal
antecedents. Having considered all the relevant aspects, including the nature of accusations, the reasonable possibility of securing their presence at the
stage of trial, and other factors, I am of the view that the further detention of the petitioners in custody is not necessary. They can be granted bail by
imposing appropriate conditions.
In the result, this application will stand allowed, however, it shall be subject to the following conditions:
The petitioners shall be released on bail on their executing a bond for Rs.50,000/-(Rupees Fifty thousand only) each with two solvent sureties each
for the like sum to the satisfaction of the court having jurisdiction.
They shall appear before the Investigating Officer between 9 a.m. and 11 a.m. on every Saturday for a period of two months or until the filing of
the final report whichever is earlier.
They shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.
They shall not commit any offence while on bail.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and
pass appropriate orders in accordance with the law.