Reghu vs State Of Kerala

This is an application for regular bail under Section 439 of the Cr.P.C.

The applicant is the sole accused in Crime No.22/2021 of Nooranad Excise Range for having allegedly committed the offences punishable under Sections 8(1), 8(2) and 55(g) of the Abkari Act.

The prosecution case, in brief, is that on 07.02.2021 at 1.45 PM the accused was found to be in possession of 210 litres of wash inside a cell in his house and 20 litres of arrack was also recovered from

his possession. The applicant was arrested on 10.02.2021 and remanded to judicial custody and he continues to be in remand.

The applicant states that he is innocent and the allegations are not true and he has no criminal antecedents, and therefore, prays that he may be granted bail.

Heard the learned Counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor admits that the applicant has no other criminal antecedents. Considering that fact and the attending circumstances particularly during these pandemic times, I am not inclined to decline granting of bail to the applicant, since he has been in custody from 10.02.2021.

As a result, the bail application is allowed and the applicant is directed to be released on bail on the execution of a 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, on the following other conditions:

i) He shall appear before the investigating officer as and when called for and shall cooperate with the investigation;

ii) He shall not attempt to influence or intimidate the witnesses; and

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

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.