Ravi vs State Of Kerala

Application for regular bail under Section 439 of Cr.P.C. The applicant is the 2nd accused in Crime No.17/2021 of Chalakkudy Excise Range office, Thrissur for having allegedly committed offence punishable under Sections 8(1) and (2) of the Kerala Abkari Act.

The prosecution case, in brief, is that on 04.03.2021 at about 6.15 p.m. the applicant and the 1st accused while they were travelling along the Valavanangadi-Thaikootam road, were intercepted by the Excise Officials. The applicant was found to be in possession of one litre of arrack while the 1st accused was found to be in possession of 6 litres of arrack. They were arrested and remanded to judicial custody and continues in remand.

The applicant states that he is innocent and the allegations are not true and that he has no criminal antecedents, he may be released on bail. 4. Heard the learned counsel for the applicant and the learned Public Prosecutor.

It is admitted that the applicant has no criminal antecedents. Considering the quantity of the liquor involved and the fact regarding his antecedents and the present pandemic situation, I find that further detention of the applicant may not be necessary. Hence, the application is allowed and the applicant is directed to be released on bail on the execution of bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) He shall appear before the investigating officer as and when called for.

(ii) He shall not tamper with evidence, intimidate or influence the witnesses.

(iii) He shall not get involved in similar offences during the currency of the bail.

In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.