Rajin Kumar vs State Of Kerala

K.Haripal, J

The petitioner is the second accused in Crime No.430/2021 of Kulathupuzha Police Station, Kollam district. The crime was registered on

11.05.2021 after detecting offence punishable under Section 55(g) of the Kerala Abkari Act. The allegation is that, on search the police party came

across 300 litres of wash and it is alleged that the accused persons were making preparations for brewing arrack. The first accused was arrested

from the place itself and later, on the basis of the statement given by the first accused, name of the second accused was also incorporated and on that

basis he was arrested on 13.05.2021.

I heard learned counsel on both sides. The learned counsel for the petitioner submits that the petitioner has absolutely no connection whatsoever

with the contraband, that he is totally innocent. Now the investigation has progressed considerably. I am told that the first accused has already been

granted bail by the court. It is also stated by the learned counsel for the petitioner that he is a first time offender. Considering all these aspects and

considering the stage of investigation, the continued detention of the petitioner is not warranted. Therefore he shall be released on bail on the following

conditions:-

i) The petitioner shall execute a bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the

Jurisdictional court;

ii) He shall not try to contact or influence the witnesses or tamper with the evidence;

iii) Petitioner shall not leave the country without permission of the jurisdictional Court;

iv) He shall appear before the Investigating Officer/committal/trial court as and when required;

v) The petitioner shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of

Covid 19 pandemic;

vi) If any of the above conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

This bail application is allowed as above.