Pradeepan A.K vs State Of Kerala

K.Haripal, J

In this application filed under Section 439 of the Cr.P.C, the sole accused in crime No.75/2021 of Payyannur Excise range, Kannur seeks his

release on bail. That crime was detected on 27.05.2021 after seizing 100 litres of wash from the possession of the petitioner. Accordingly, offence

under Section 55(g) of the Abkari Act is alleged against him.

I heard counsel on both sides.

The learned counsel for the petitioner submits that the contraband was seized from the neighbouring property, he has dispute with his neighbour and

that he has been falsely implicated in the case. The petitioner was arrested on 13.07.2021, the investigation has progressed considerably and that he

does not have any criminal antecedents.

The learned Public Prosecutor also submits that the petitioner has no criminal antecedents. In a case of this nature, major part of investigation will

be completed by the time the items are seized under a mahazar. What remains is formally recording witness notes and obtaining chemical examination

report, for which the accused need not be kept in custody.

In the circumstances, further detention of the petitioner is not necessary. He shall be released on bail, on the following conditions:-

i) The petitioner shall execute bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the

jurisdictional court;

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

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

iv) shall not involve in any crime during the period on bail;

v) shall appear before the investigating officer/trial court as and when required;

vi) shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19

pandemic.

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

This bail application is allowed as above.