Noushad Khan vs State Of Kerala

Gopinath P, J

The petitioners are accused in Crime No.93/2021 of Kattakada Excise Range, Thiruvananathapuram District alleging commission of offences under Sections 8, 67B and 55 (g) of the Abkari Act.

The allegation against the petitioners is that on 25-12-2021 the petitioners were found engaged in illicit distilling and sale of arrack. 400 litres of wash, 10 litres of arrack and other implements used for distilling arrack were recovered from the petitioners.

The learned counsel for the petitioners would submit that the petitioner is entitled to bail without going into merits of the matter as they have completed more than 60 days in custody and no final report has been filed in the matter.

The learned Public Prosecutor upon instructions confirmed that no final report has been filed in the matter.

Having regard to the facts and circumstances of the case and without going into any other aspects of the matter, I am of the view that the petitioners can be granted bail subject to conditions.

In the result this bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:-

(i) The petitioners shall execute separate bonds for sums of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The Petitioners shall report before the Investigating officer in Crime No.93/2021 of Kattakada Excise Range on every Saturday at 11 a.m until filing of final report;

(iii) The petitioners shall not interfere with the investigation or influence or intimidate any witness in Crime No.93/2021 of Kattakada Excise Range;

(iv) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.93/2021 of Kattakada Excise Range may file an application before the jurisdictional Court for cancellation of bail.