Prasannan vs State Of Kerala

The applicant is the sole accused in Crime No.118 of 2020 of the Excise Range Office, Alathur, for having allegedly committed offences punishable

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

On 21.09.2020, at about 12.30 PM, the Excise party found the accused walking along Vadakkencehery-Nelliyampadam public road, carrying a

plastic can. On seeing the Excise party, he fled away from there, abandoning the plastic can. On search, it was found that the Can contained 2.5 litres

of illicit arrack. The crime was registered. The applicant apprehending arrest has approached this court for anticipatory bail. The application was

disposed of with a direction to the applicant to surrender before the Investigating Officer and apply for regular bail. Accordingly, the applicant

surrendered before the Investigating officer on 16.11.2020. He was produced before the jurisdictional court and remanded to judicial custody and

continues in remand. The jurisdictional court rejected the application for regular bail filed by the applicant. Hence, he has approached this Court for

indulgence.

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. He has been in custody since 16.11.2020. Considering the quantity of the liquor involved, the antecedents of the applicant

and the present pandemic situation, I find no reason to incarcerate the applicant any further.

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.