Sasi vs State Of Kerala

Ziyad Rahman A.A., J

The petitioner is the sole accused in Crime No.362/2023 of Kareelakulangara Police Station. It was registered for the offences punishable under Sec.8(1) and 8(2) of the Kerala Abkari Act.

The prosecution case is that on 06.07.2023 at 11.45 am, the petitioner was found transporting 1.500 litres of illicit arrack on a scooter bearing registration No. KL-07/BD-7154 along Kayamkulam-Muttom Road at Enakulangara.The petitioner was arrested on the same day and since then, he has been under judicial detention.

Heard Sri. Sergi Joseph Thomas, the learned counsel appearing for the petitioner and Smt. Seetha S., the learned Senior Public Prosecutor for the State.

I have carefully gone through the records. It is true that, there are allegations against the petitioner. The learned Public Prosecutor also pointed out that the petitioner is involved in two other cases wherein similar allegations were raised. However, the fact remains  that  the  petitioner  has  been  in  judicial custody  since  06.07.2023  and  more  than  one  month has elapsed. There is substantial progress in the investigation. In such circumstances, taking note of  the  period  of  detention  already  undergone,  I do not find it necessary to continue the incarceration of the petitioner.

Accordingly, this bail application is allowed and the petitioner is directed to be released on bail subject to the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for ₹1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Court.

(ii) The petitioner shall fully cooperate with the investigation.

(iii) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Saturday until the filing of the final report.

(iv) The  petitioner  shall  also  appear  before  the Investigating Officer as and when required.

(v) The petitioner shall not commit any offence of like nature while on bail.

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioner shall not leave India without the permission of the trial Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with law.