High CourtsSingle Bench

Rajesh C.R vs State Of Kerala

High Court Of Kerala · Decided on 20 July 2021 · Citation: (2021) 07 KL CK 0232

HON’BLE JUDGES
Ashok Menon, J
ACTS & SECTIONS REFERRED
Kerala Abkari Act, 1967 — Section 8(1), 8(2), 55(g)
RESULT
Allowed
CASE NUMBER
Bail Appl. No. 5445 Of 2021
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Judgment

16 paragraphs · 247 words

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Ashok Menon, J

1.

The applicants are accused no. 1 and 2 in Crime No.673/2021 of Vadakkekara Police Station, Ernakulam for having allegedly committed offences

punishable under Sections 8(1)(2) and 55(g) of the Kerala Abkari Act.

2.

The prosecution case, in brief is that on 15.7.2021, the petitioners were found in possession of 1 litre of arrack and 50 litres of wash kept in a shed

near a river and they were apprehended and remanded to judicial custody. The applicants state that they are innocent and the allegations are not true.

Therefore they seek bail.

3.

Heard the learned counsel for the applicants and the learned Public Prosecutor.

4.

The learned Public Prosecutor admits that the applicants have no criminal antecedents.

5.

Considering the quantity of liquor involved, the present pandemic situation, further incarceration may not be required.

The application is allowed and they shall be released on bail on execution of bond for Rs.50,000/-(Rupees fifty thousand only), each with two solvent

sureties each for the like amount to the satisfaction of the Investigating officer and on conditions that:-

i. They shall appear before the Investigating Officer as and when called for and co-operate with the investigation.

ii. They shall not attempt to influence or intimidate the witnesses.

iii. They shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail.