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Judgment
14 paragraphs · 397 wordsShircy V., J
Application for regular bail.
The petitioners are the accused in Crime No.496 of 2021 of Pulikeezhu Police Station registered for the offence punishable under Section 55(g) of the Kerala Abkari Act. They are undergoing incarceration since 05.11.2021.
The prosecution allegation is that on 10.06.2021 at about 4.15 p.m. while the police attached to Pulikeezhu Police Station were on patrol duty, they got information that the petitioners were dealing with illicit arrack and they have kept wash and other utenzils for distillation. So, the police proceeded to the spot and seized the items. But the accused were not apprehended then and there and thereby the crime has been registered against both the petitioners.
The learned counsel for the petitioners submitted that the petitioners are brothers and they are totally innocent of the allegation levelled against him.
The said contention is refuted by the learned Public Prosecutor by pointing out that the contraband was seized from the property of one Chacko. On investigation it was revealed that these petitioners have kept the same in that property and when police approached them, they took to their heels and thus the crime was registered.
Now a perusal of the records would reveal that the investigation of the case is nearing completion. The prosecution has no case that these petitioners are having any criminal antecedents. Considering the entire facts involved in this case, I am inclined to grant bail to the petitioners.
Therefore, this application is allowed subject to the following conditions:
(i) The petitioners shall be released on bail on each of them executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioners shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such
facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioners shall not commit any offence while on bail.
In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law.