Shafeek vs State Of Kerala

K.Haripal, J

Petitioners are accused Nos.2 and 3 in Crime No.179/2021 of Nenmara Police Station in Palakkad district, which was registered alleging offence

punishable under Section 55(a) of the Abkari Act.

The learned counsel for the petitioners pointed out that the FIR was registered after seizing 10.8 litres of Indian Made Foreign Liquor from a rubber

estate from the possession of the first accused, who was arrested along with the contraband; he has since been granted regular bail; petitioners have

been later arrayed alleging that they were also privy to the said transaction. According to him, they do not have any criminal antecedents. Now

apprehending arrest, they have moved this Court under Section 438 of the Cr.P.C.

The learned Public Prosecutor has submitted that there are four accused in the crime, that the petitioners do not have any criminal antecedents to

their credit.

Now the contraband has already been seized under mahazar. The petitioners do not have any criminal antecedents. In the nature of the allegations,

their custodial interrogation is not necessary. Offence

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under Section 55(a) of the Abkari Act does not prescribe any statutory minimum substantive sentence, so that embargo under Section 41A of the

Abkari Act is not attracted.

In the circumstances, the petitioners are at liberty to surrender before the Investigating Officer within ten days from today and make themselves

available for interrogation; in the event of arrest, they shall be released on bail on executing bond for Rs.50,000/-(Rupees Fifty thousand only) each

with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; they shall co-operate with the investigation, shall not try

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

Bail application is allowed as above.