Sabu vs State Of Kerala

K. Haripal, J

The first accused in crime No.663/2021 Sooranadu police station is before this Court under Section 439 of the Cr.P.C. seeking regular bail.

The crime was registered on 31.05.2021 alleging offence under Sections 8(1) and (2) and 55(g) of the Abkari Act, after seizing 1.6 litres of arrack

and 20 litres of wash from the kitchen of the petitioner, accused No.1. The petitioner could not be arrested at that time. He was associated with

accused Nos.2 to 5, who were arrested from the spot.

The learned counsel for the petitioner submits that accused Nos.2 to 5 have already been granted bail. The petitioner has no criminal antecedents

also. This aspect has been testified by the learned Public Prosecutor also.

The crime was registered on 31.05.2021. Investigation has progressed considerably. The petitioner was arrested on 07.06.2021 and is still in judicial

custody.

He has no criminal antecedents to his credit. That means, his further detention at this stage is not warranted.

Therefore, the petitioner shall be released on bail on the following conditions:-

i) Petitioner shall execute bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional

Court;

ii) He shall not try to contact or influence the witnesses or tamper with evidence;

iii) He shall not leave the country without leave of the jurisdictional court;

iv) He shall not involve in any crime during the period on bail;

v) He shall appear before the Investigating Officer/trial Court as and when required;

vi) He shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19

pandemic;

vii) If any of the above conditions are violated by the petitioner, the jurisdictional court will be a liberty to cancel the bail in accordance with law.

This bail application is allowed as above.