Sabeesh C.R vs State Of Kerala

Shircy V, J

Application for regular bail filed under Section 439 of the Code of Criminal Procedure.

The petitioner is the accused in Crime No.29 of 2021 of Kolazhi Police Station registered for the offences punishable under Sections 8(1) & (2) of the Kerala Abkari Act.

He has been in custody since 09.09.2021.

The allegation is that on 25.05.2021 at about 11.00 a.m this petitioner was found in possession of 1 litre of arrack at Puthur Desom, kept for sale in contravention of the Kerala Abkari Act and thereby committed the aforesaid offences.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

A perusal of the records would show that the investigation of the case is well in progress.

The learned Public Prosecutor has submitted that he is not having any criminal antecedents.

Having regard to the quantity of the contraband involved, the period of detention undergone by him in custody as well the other facts and circumstances involved in this case, I am inclined to release him on bail subject to the following conditions.

(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.

(iii) The petitioner 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) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional court is at liberty to cancel the bail in accordance with the law.