Rameshan.K vs State Of Kerala

V.G.Arun, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

The petitioner is the accused in Crime No. 125/ 2022 of Nileswar East Excise Range, Kasargode, registered for offences punishable under Section 55(g) of Kerala Abkari Act.

The prosecution allegation is that, at 2.30 p.m. on 15.10.2022, 130 liters of wash was found concealed in the kitchen of an old house adjacent to the petitioner's residence. The petitioner was arrested on 04.05.2023 and he is continuing in custody.

The learned counsel for the petitioner contented that the petitioner is innocent of the offence and mere recovery of wash from the unoccupied building cannot lead to the conclusion that the petitioner had concealed the contraband.

The learned Public Prosecutor submitted that the specific allegation is that the petitioner had prepared and concealed the wash in a building near to his residence.

Considering the nature of allegations and the fact that the petitioner is in custody from 04.05.2023 onwards, I am inclined to grant bail, subject to stringent conditions.

Therefore, this petition stands allowed and bail on the following conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.1,00,000/- (Rupees one lakh Only) with two solvent sureties, each for the like amount, to the satisfaction of the jurisdictional court concerned.

ii. The petitioner shall appear before the Investigating Officer on alternate Mondays, between 10. 00 am to 11.00 am, till the final report is filed.

iii. The petitioner shall not leave the state without prior permission from the jurisdictional court.

iv. The petitioner shall not intimidate the de facto complainant or influence the witnesses in any manner.

v. The petitioner shall not get involved in any other crime while on bail.

vi. If any such event is reported or comes to the notice of this Court, that shall be a reason for cancelling the bail.