Reghu vs State Of Kerala

Shircy V, J

Application is for regular bail.

Petitioners are accused Nos.1 and 2 in Crime No.644/2021 of Kadakkal Police Station, Kollam District registered for the offences punishable under

Sections 8(1) & (2) and 55 (b)(g) the Kerala Abkari Act.

The petitioners have been in custody since 23.05.2021.

The prosecution allegation is that on 22.05.2021 the accused were found in possession of seven litres of wash for the purpose of distillation of illicit

arrack and 350 ml of arrack at the residence of the 1st petitioner in contravention of the provisions of the Abkari Act by the Kadakkal Police and

thereby committed the aforesaid offences.

The learned counsel for the petitioners submitted that they are totally innocent of the allegations levelled against them. In fact, the 1st petitioner is

aged 75 years and he has absolutely no connection with the alleged incident and recovery has not been effected from his residence as alleged by the

police.

The learned public prosecutor would submit that interim bail has been granted by the jail authorities considering the pandemic situation in the country

and now the investigation of the case is well in progress.

Having regard to the nature of the accusation levelled against these petitioners, the present stage of investigation, the period of detention undergone

by them in custody as well the pandemic situation of our country, I am inclined to release them on bail subject to the following conditions:

(i) Petitioners shall be released on bail on their executing separate bond for a sum of Rs.1,00,000/-(Rupees one lakh only) each with two solvent sureties for the like

sum each to the satisfaction of the court having jurisdiction.

(ii) Petitioners shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) Petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from

disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) Petitioners shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.