Santhosh P.K vs State Of Kerala

K.Haripal, J

Petitioner, who is the sole accused in Crime No. 26 of 2021 of Excise Range office, Thodupuzha is before this Court seeking anticipatory bail under

Section 438 of the Cr.P.C. He faces allegations under Section 55(g) of the Abkari Act. It is stated that, on 07.05.2021 at 9.15 pm, when the Excise

party searched his house and premises, 80 litres of wash and implements for distilling arrack were found from the backyard of the house.

According to the learned counsel for the petitioner, he is not in occupation of the house, but his mother is residing in the house. Referring to

Annexure-I certificate, he says that, he was convalescing after sustaining an ankle fracture, that he had been advised to take rest from 02.01.2021 till

22.05.2021, that the case of the prosecution that, he had run away from the spot, is baseless.

Whatever it may be, the learned Public Prosecutor has submitted that he has no criminal antecedents to his credit. The contraband has already been

seized. In order to invoke Section 41A (b) of the Abkari Act, the offence should be one attracting sentence of more than three years.

Here no statuary minimum substantive sentence is prescribed. In the circumstances and having regard to the fact that he is having clean antecedents,

his custodial interrogation is not warranted.

Therefore, the petitioner shall be at liberty to surrender before the Investigating Officer within ten days from today and will make himself available for

interrogation; in the event of arrest, he shall be released on bail on executing bond for Rs.50,000/- (fifty thousand rupees only) with two solvent

sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the investigation, shall not try to contact or

influence the witnesses or tamper with evidence and shall not involve in any crime during the period on bail.

Bail Application is allowed in part as above.