High CourtsSingle Bench

Noushad M vs State Of Kerala

High Court Of Kerala · Decided on 8 July 2021 · Citation: (2021) 07 KL CK 0111

HON’BLE JUDGES
K. Haripal, J
ACTS & SECTIONS REFERRED
Abkari Act, 1967 — Section 8(1), 8(2), 55(g)
RESULT
Allowed
CASE NUMBER
Bail Appl. No. 4035 Of 2021
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Judgment

19 paragraphs · 299 words

K.Haripal, J

1.

Petitioners are accused Nos. 1, 4, 7 and 8 in Crime No.709/2021 of Ayiroor Police Station, Thiruvananthapuram registered alleging offence under

Sections 8(1), (2) and 55(g) of the Abkari Act. It was alleged that on 06.06.2021, accused, eight in number were found in illegal possession of eight

litres of arrack and 220 litres of wash and other paraphernalia for illicit brewing of arrack like, stove, gas cylinder, pressure cooker etc., in the house

bearing No. XVII/183 in Chemaruthi Village. The petitioners were arrested on 22.06.2021 and are in judicial custody.

2.

Heard the learned counsel on both sides.

3.

The learned counsel for the petitioners has pointed out that by Annexure 2 order, bail has already been granted to accused Nos. 2, 3, 5 and 6.

Petitioners are entitled to get the very same treatment. Now the investigation has advanced considerably; continued detention of the petitioners is not

necessary.

4.

Therefore, the petitioners shall be released on bail subject to the following conditions:-

i) The petitioners shall execute 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) They shall not leave India without permission of the jurisdictional Court;

iv) They shall appear before the committal court/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