Sasi vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.22/2022 of Poochakkal Police Station, Alappuzha District, alleging commission of offences under

Sections 8 and 55(g) of the Abkari Act.

The allegation against the petitioner is that he was found in possession of about 10 litres of arrack and certain utensils used for distilling the arrack

and thereby he committed the offences alleged against him.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter and he has been roped in on the basis of some

misunderstanding. It is submitted that the recovery of the contraband was not from the possession of the petitioner. It is submitted that the petitioner is

willing to co-operate with the investigation and his continued detention is not necessary for the purposes of any investigation.

I have heard the learned Public Prosecutor also.

The learned Public Prosecutor opposes the grant of bail. It is submitted that the recovery of the contraband was from a shed adjoining the residence

of the petitioner and it cannot be argued that the recovery of contraband was not from the possession of the petitioner. It is submitted that if the

petitioner is released on bail, there is every chance of similar offences being repeated.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 9.1.2022 and also

considering the fact that his continued detention may not be necessary for the purpose of any investigation, I am view that the petitioner can be

released on bail subject to conditions.

In the result this 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 a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the

jurisdictional Court;

(ii) The Petitioner shall report before the Investigating officer in Crime No.22/2022 of Poochakkal Police Station as and when called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.22/2022 of Poochakkal Police Station;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.22/2022 of Poochakkal Police Station may file an application

before the jurisdictional Court for cancellation of bail.