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Judgment
11 paragraphs · 351 wordsViju Abraham, J.
This is an application for regular bail.
Petitioner is the sole accused in Crime No.909 of 2022 of Maranalloor Police Station, Thiruvananthapuram District registered alleging commission of offence punishable under Section 55(g) of the Kerala Abkari Act.
The prosecution allegation is that on 28.11.2022 at 11.15 a.m. the accused was found in possession of 100 litres of koda along with other utensils for illegal distillation inside the bathroom of his house – Kalingavilakam Veedu. Thus the petitioner has committed the abovesaid offence.
Petitioner submits that he is in custody from 28.11.2022 onwards. Petitioner's specific case is that he has been falsely implicated in the abovesaid crime.
Learned Public Prosecutor upon instructions submitted that 100 litres of wash and utensils for illegal distillation were seized from the bathroom of the petitioner's house and the petitioner was arrested along with the alleged contraband. Learned Public Prosecutor upon instructions further submitted that the petitioner has no other criminal antecedents. Considering the facts and circumstances of the case and the fact that the petitioner is in custody from 28.11.2022 onwards and also taking note of the fact that the petitioner has no other criminal antecedents, I am inclined to grant bail to the petitioner. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail subject to the following conditions:
(i) The petitioner shall execute a 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 appear before the investigating officer in Crime No.909 of 2022 of Maranalloor Police Station, Thiruvananthapuram District till the filing of final report.
(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.
(v) He shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.909 of 2022 of Maranalloor Police Station, Thiruvananthapuram District may file an application before the jurisdictional court, for cancellation of bail.