Rajesh vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioner is the 1st accused in Crime No. 308 of 2021 of Koratty Police Station registered for the offences punishable under Sections 8(1) and (2) of the Kerala Abkari Act, Sections 182, 203 and 211 of the Indian Penal Code and Section 117(d) of the Kerala Police Act.

The prosecution allegation is that this petitioner, due to his enmity towards the defacto complainant, along with the 2nd accused has planted plastic bottles containing 5 liters of arrack in the property of Satheesh, the defacto complainant, and instructed the 2nd accused to give information to the police so as to implicate the defacto complainant falsely in an abkari case. Thereby they have committed the aforesaid offences.

The petitioner has been in custody since 31.07.2021.

The learned counsel for the petitioner submits that he has not hidden any contraband article in the property of the defacto complainant as alleged by the prosecution. In fact the contraband article was seized from the property of the defacto complainant as he had kept the same there for illegal sale. But he has been falsely implicated in the case to wreck vengeance upon him by the defacto complainant.

The learned Public Prosecutor on the other had denied the said allegation and contended that this petitioner is the master mind of the offences committed and his intention was to book the defacto complainant in a false case. Accused No.2 has acted as per the instructions of this petitioner to book him in a Abkari case. So, the gravity of the offences alleged against him is very serious.

True that the offences alleged against this petitioner are grave and serious in nature as his intention was to implicate the defacto complainant in an abkari case. But now the investigation of the case is almost over and the prosecution could submit the charge sheet before the jurisdictional court without further delay. So also, though he is involved in six criminal cases and having criminal  antecedents  as  pointed  out  by  the  learned  Public Prosecutor, he is undergoing incarceration for the last 59 days. Therefore, considering the period of detention undergone by him, as well the present stage of investigation, I am inclined to release him on bail.

Therefore, this application is allowed subject to the following conditions:

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer on every Monday between 10.30 a.m. and 11.30 a.m. for a period of two months or till the filing of the final report, whichever is earlier.

(iii) The petitioner 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 petitioner 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.