Ratheesh vs State Of Kerala

Gopinath P., J

The petitioner is the accused in Crime No.100/2021 of Excise Range Office, Wadakkancherry, Thrissur District alleging commission of offences

under Sections 8 (1) and 8 (2) of the Abkari Act.

The allegation against the petitioner is that on 23-12-2021 at 3.30 p.m the petitioner was found in possession of 2.5 litres of illicit arrack in

contravention of the provisions of the Abkari Act.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter and has been falsely implicated. It is submitted

that the petitioner has been in custody from 23-12-2021 and his continued detention is not necessary for the purpose of investigation in the case. It is

also submitted that there are no antecedents so far as the petitioner is concerned.

I have heard the learned Public Prosecutor also. The learned Public Prosecutor confirms that there are no antecedents reported against the

petitioner.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 23-12-2021 and

further considering the fact that continued detention of the petitioner may not be necessary for the purpose of investigation, I am of the view that the

petitioner can be granted bail subject to conditions.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of 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 in Crime No.100/2021 of Excise Range Office, Wadakkancherry as and when called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.100/2021 of Excise Range Office,

Wadakkancherry, Thrissur;

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

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.100/2021 of Excise Range Office, Wadakkancherry, Thrissur may

file an application before the jurisdictional Court for cancellation of bail.