Satheesh vs State Of Kerala

Petitioner is the accused in Crime No.22/2020 of the Kuzhalmannam Excise Range for the offences punishable under Sections 8(1) & (2) and 55(g) of the Kerala Abkari Act. He is in custody since 06.03.2021 and seeks bail.

Prosecution allegation is that the Excise party on getting information recovered 72 litres of Wash along with one litre of arrack from an abandoned well near the property of the petitioner.

Learned Public Prosecutor opposes the application and submits that though there are no antecedents as against the petitioner, the allegations makes out a proper case against the petitioner.

Having considered the nature of the allegations and the fact that the petitioner has been in custody from 06.03.2021 onwards, I am inclined to grant bail to the petitioner subject to the following conditions:-

Petitioner is hereby granted bail in Crime No.22/2020 of the Kuzhalmannam Excise Range and he shall be released on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Magistrate and subject to the following conditions:

(a) One of the sureties shall be a close relative of the petitioners.

(b) Petitioner shall report to the investigating officer once every two weeks on Saturdays between 10.00 am and 12.00 pm until filing of the final report.

(c) Petitioner shall report to the investigating officer as and when required for interrogation.

(d) Petitioner shall not get involved in any offence during the period of this bail.

(e) Petitioner shall not intimidate or influence the witnesses

(f) In case condition nos.(b) to (e) or any one of them are violated, it is open to the investigating officer to file application before the learned Magistrate for cancellation of the bail granted hereby.

The Bail Application is allowed as above.