Ramakrishnan @Krishnan vs State Of Kerala

Mohammed Nias C.P, J

The petitioner is the accused in Crime No.48/2022 of the Excise Range Office, Pazhyannur, for having committed offences punishable under Sections 8(1) & (2) and 55 (g) of the Kerala Abkari Act.

The allegation against the petitioner is that on 16.08.2022 at around 18.30 hrs, the applicant was allegedly found to be in possession of 2 liters of Arrack and 20 liters of wash.

The  petitioner  would  say  that  he  is  totally  innocent  and  falsely implicated with ulterior motives. At any rate, he points out that he is in custody from 17.08.2022 and continued custody of the petitioner is unnecessary.

The learned public prosecutor opposed the petition and points out that the petitioner is not entitled to bail.

After having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and considering the nature of the offfences committed by the petitioner and the fact that he is in custody from 17.08.2022 also since there is no apprehension raised by the prosecution that if he is released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner. Accordingly, this application is allowed and the petitioner is granted bail subject to the following conditions:-

i) The petitioners shall be released on bail on executing 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) The petitioner shall report before the Investigating Officer on every mondays between 9 am to 10 am till the final report is filed.

Iii) The petitioner shall not tamper or attempt to temper with the evidence or influence or try to influence the witnesses.

iv) If any of the conditions is violated, the court concerned shall take steps for cancellation of bail as per law.

v) The petitioner shall not involve in any other crime while on bail.