Prakash vs State Of Kerala

K. Haripal, J

This is an application for regular bail filed by the sole accused in Crime No.75/2021 of Kottarakkara Excise Range in Kollam district, which was

registered on 17.05.2021 alleging offence punishable under Sections 8(1) and (2), 67 B and 55(g) of the Kerala Abkari Act.

The precise allegation is that on 17.05.2021 at 12.30 p.m., the petitioner was found in illegal possession of 15 litres of arrack, while the same was

transported in a Tata Venture vehicle bearing registration No. KL 24 E 1361. He was arrested instantly and since then he is in judicial custody. The

application for bail moved by him under Section 437 Cr.P.C stands dismissed on 18.05.2021.

The learned counsel for the petitioner submits that he has no criminal antecedents. This submission has been endorsed by the learned Public

Prosecutor also. For more than 35 days he is in judicial custody and having regard to the fact that he is a first time offender, and the progress in

investigation, the bail shall be granted on the following conditions:-

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

First Class Magistrate Court -I, Kottarakkara;

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

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

iv) He shall appear before the Investigating Officer/committal/trial court as and when required;

v) The petitioner 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 petitioner, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

This bail application is allowed as above.