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Judgment
12 paragraphs · 382 wordsShircy V., J
The petitioner, who is undergoing incarceration since 05.09.2021 in connection with Crime No. 132 of 2021 of Karthikappally Excise Range registered for the offences punishable under Sections 8(1), 8(2) and 55(g) of the Kerala Abkari Act, has moved this application for his release on bail.
The prosecution allegation is that on 05.09.2021 at about 1 a.m. the petitioner was found in possession of 10 litres of arrack and 180 litres of wash with other accessories for distillation of illicit liquor by the Excise officials and thereby he has been booked for having committed the offences in contravention of the provisions of the Abkari Act.
According to the learned counsel for the petitioner, he has been falsely implicated in the case and so he is undergoing unnecessary incarceration for the last more than one month.
The learned Public Prosecutor has refuted the said claim raised by the learned counsel for the petitioner, but submitted that he has no criminal antecedents.
True that the contraband involved in this case is large quantity. But he has been undergoing incarceration since the date of his arrest and now the investigation of the case is practically over. Therefore, considering the period of detention undergone by him, the present stage of investigation as well the other facts and circumstances involved in this case, I am inclined to release him on bail.
Therefore, this application is allowed subject to the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh 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.
(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 empowered to cancel the bail in accordance with the law.