Omanakuttan vs State Of Kerala

The applicant is the sole accused in Crime No.4 of 2021 of Peerumedu Excise Range, Idukki, for having allegedly committed offences punishable

under Sections 8(1) & (2) of the Kerala Abkari Act. The prosecution case, in brief, is this:

On 05.02.2021, at about 4.50 PM, the applicant was found to be in possession of 8.5 litres of arrack and he was intercepted and thereafter

remanded to judicial custody. The applicant submits that the allegations are not true and that he is innocent. He also has no criminal antecedents. And,

therefore, he may be released on bail.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor admits that the applicant

has no criminal antecedents. Considering the quantity of the liquor involved and the present pandemic situation and the fact that the applicant has no

criminal antecedents, I find that further incarceration of the applicant may not be necessary.

In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/-(Rupees Fifty

thousand only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:

(i) He shall appear before the Investigating Officer as and when called for.

(ii) He shall not intimidate or influence witnesses and tamper with evidence.

(iii) He shall not get involved in similar offences during the currency of the bail period.

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.

The bail application is allowed.