Sajikumar M vs State Of Kerala And Ors

This is an application for regular bail under Section 439 of the Cr.P.C.

The applicant is the sole accused in Crime No.27/2021 of Kayamkulam Excise Range for having allegedly committed the offences punishable under Sections 8(1), 8(2) and 55(g) of the Abkari Act.

The prosecution case, in brief, is that while the Excise officials were on patrol duty in Kandalloor area in Kayamkulam, they got reliable information regarding the storing of illicit arrack by the applicant and when they conducted search in the house, nothing found from his house, but on search in a shed attached to his house, they seized five litres of arrack and 70 litres of wash in two cans and other utensils such as aluminum pond, gas stove, etc. for the purpose of distillation of arrack were also recovered. The crime was registered and the applicant was arrested on 01.03.2021 and remanded to judicial custody. He continues in custody.

The applicant states that he is innocent and the allegations are not true. It is also stated that he does not have any criminal antecedents, and therefore, prays that he may be released on bail.

Heard the learned Counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor admits that the applicant has no other criminal antecedents. Considering the present pandemic situation and also the fact that the applicant has been in custody from 01.03.2021, I find no reason for further incarceration of the applicant.

As a result, the bail application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court, on the following other conditions:

i) He shall appear before the investigating officer as and when called for and shall cooperate with the investigation;

ii) He shall not attempt to influence or intimidate the witnesses; and

iii) He shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.