Sathyaraj vs State Of Kerala

This is the second application filed by the applicant for regular bail in Crime No.28/2020 of Moolamattom Excise Range for having allegedly

committed offences punishable under Sections 8(1) & (2) and 55(g) of the Kerala Abkari Act.

The prosecution case, in brief, is that on 16.08.2020 the Excise officials recovered 70 litres of arrack and 400 litres of wash from his house in

Udumbannoor Panchayat. The applicant was not present and his name was arraigned as an accused. Thereafter, apprehending arrest, he approached

this Court for anticipatory bail by filing B.A.No.6235/2020, which was disposed of with a direction to the applicant to surrender before the

investigating officer. Accordingly, he surrendered on 27.10.2020. He applied for bail before the jurisdictional Magistrate, which was dismissed.

Thereafter, he approached this Court by filing B.A.No.7968/2020, which was also dismissed on 30.11.2020 for the reason that the allegation against

the applicant is very grave and that he was not entitled to bail considering the huge quantity of arrack and wash.

The applicant states that he is not physically well and requires medical treatment, and therefore, he seeks regular bail.

Heard the learned Counsel for the applicant and the learned Public Prosecutor.

There is no record available regarding the applicant having any criminal antecedents. But his earlier bail application was dismissed solely for the

reason that it involved huge quantities of arrack and wash. The investigation has progressed well. Hence, I find no reason to further incarcerate him.

In the result, the Bail Application is allowed and the applicant is directed to be released on bail on the execution of bond for Rs.50,000/- (Rupees fifty

thousand only), with two solvent sureties each, for the like amount to the satisfaction of the jurisdictional court, on the following other conditions:

i) He shall appear before the investigating officer on all Saturdays between 9.00 AM and 12.00 noon for a period of two months or till the final report

is filed, whichever is earlier;

ii) He shall not attempt to influence or intimidate the witnesses; and

iii) He shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.