Sahajan vs State Of Kerala

K.Haripal, J

The petitioner is the 4th accused in Crime No.394/2021 of Koratty Police Station, Thrissur District, filed under Section 439 Cr.P.C. The petitioner

was arrested on 20.6.2021 and since then is in judicial custody.

The allegations against the petitioner and others are under Sections 55(b), 55(g), 8(1) and (2) of the Abkari Act. It is alleged that on 8.5.2021, when

the police conducted raid in the residence of the petitioner, 3.250 litres of arrack and 50 litres of wash and also other paraphernalia for making illicit

arrack were found and accused Nos.1 to 3 were arrested and remanded to judicial custody.

According to the learned counsel, he has been arrested solely on the consideration that he happened to be owner of the building and he was not in

the place of the commission of the crime, if at all admitting only Section 64A of the Abkari Act can be attributed against him, which is a bailable

offence. Whatever it may be, the learned Public Prosecutor submits that, on completion of investigation, charge-sheet has been laid on 23.6.2021. The

petitioner does not bear any criminal antecedents also. In the circumstances, the petitioner shall be released on bail.

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 for the like sum to the satisfaction of the jurisdictional Court;

ii) Petitioner shall not try to contact or influence the witnesses or tamper with evidence.

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

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

v) Petitioner shall appear before the committal Court/trial Court as and when required;

vi) Petitioner 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.