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Judgment
20 paragraphs · 338 wordsAshok Menon, J
This is an application for regular bail under Section 439 of the Cr.P.C.
The applicants are accused in Crime No.700/2021 of Punalur Police Station for having allegedly committed the offences punishable under Sections
55(g), 8(1) and 8(2) of the Abkari Act.
The prosecution case, in brief, is that on 02.06.2021 at about 8.24 PM, the applicants were found to be in possession of 750 ml. of arrack at a place
near KWA Pump House at Nellippally and the subsequent search revealed 25 litres of wash kept by the accused within the bushes near the residence
of the 1st applicant. They were arrested and remanded to judicial custody.
The applicants state the allegations are not true and that the contraband does not belong to them and they do not have any criminal antecedents.
Therefore, the applicants pray that they may be released on bail considering the present pandemic situation.
Heard the learned Counsel for the applicants and the learned Public Prosecutor.
The learned Public Prosecutor admits that the applicants have no criminal antecedents. Considering the quantity of liquor involved and the fact the
applicants have no criminal antecedents as also the present pandemic situation, I find that further incarceration of the applicants need not be
necessary.
As a result, the bail application is allowed and the applicants are directed to be released on bail on the execution of a bond for Rs.50,000/- (Rupees
fifty thousand only) each with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court, on the following other
conditions:
i)They shall appear before the investigating officer as and when called for and shall cooperate with the investigation;
ii) They shall not attempt to influence or intimidate the witnesses; and
iii) They shall not get involved in similar offences during the currency of the bail.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.