Nizar vs State Of Kerala

K. Haripal, J

This is an application for regular bail moved by accused Nos.2,3,5 and 6 in Crime No.709/2021 of Ayiroor Police Station, Thriuvananthapuram

district. The allegation is that the accused Nos.1 to 8 were found in possession of 8 litres of arrack and 220 litres of wash along with other

paraphernalia for making illicit arrack in house bearing No.XVII/183 of Chemmaruthi Village.

The petitioners were arrested on 06.06.2021 and since then are in judicial custody. According to the learned counsel, the remaining accused also

have been arrested on 21.06.2021 and that the petitioners do not have criminal antecedents.

I heard the learned Public Prosecutor also.

According to the learned Public Prosecutor the third accused has two other IPC offences to his credit. However, no abkari offences are noticed

against him.

Considering the fact that the petitioners are in custody from 06.06.2021 onwards and also having regard to the fact that the investigation has

progressed considerably, the petitioners' continued detention is not necessary, so that they shall be released on bail on the following conditions:-

i) The petitioners shall execute 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

jurisdictional court;

ii) They shall not try to contact or influence the witnesses or tamper with the evidence;

iii) Petitioners shall not leave the country without permission of the jurisdictional Court;

iv) They shall appear before the Investigating Officer/committal/trial court as and when required;

v) The petitioners shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of

Covid 19 pandemic;

vi) If any of the above conditions are violated by the petitioners, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

This bail application is allowed, as above.