Rajesh vs State Of Kerala

Shircy V, J

Application for regular bail.

Petitioners are accused in Crime No. 469 of 2021 of Koratty Police Station registered for the offence punishable under Section 55(g) of the Abkari

Act.

The prosecution allegation is that on 27.05.2021 at about 11.25 hours, these petitioners were found in illegal possession of 95 litres of wash kept for

manufacturing arrack illegally and they have stored this wash in a building bearing No.182 of Meloor Panchayat in contravention of the Provisions of

the Abkari Act.

The petitioners are in custody since 27.05.2021.

Heard the learned counsel for the petitioners as well the learned Public Prosecutor.

It is submitted by the learned counsel for the petitioners that they are totally innocent of the allegations levelled against them but they are undergoing

incarceration for the last 14 days.

The learned Public Prosecutor has submitted that the investigation is well in progress.

Of course, the offences alleged against these petitioners are grave and serious in nature but they have not been involved in any offence of similar

nature, as submitted by the learned Public Prosecutor.

Considering the pandemic situation of our country, the present stage of investigation as well the other facts and circumstances involved in this case, I

am inclined to release them on bail subject to the following conditions :-

(i) The petitioners shall be released on bail on his executing a bond for a sum of Rs.1,00,000/-

(Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) They shall also 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 learned Magistrate is empowered to cancel the bail in accordance with the law.