AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
21 paragraphs · 335 wordsK.Haripal, J
The first accused in Crime No. 497/2021 of Kulathupuzha Police Station is before Court seeking bail under Section 439 of the Code of Criminal
Procedure. The allegation is that on 25.05.2021 at 9.15 P.M., when the police party searched the house of the petitioner, preparations for making of
arrack was found to be in progress. Five litres of arrack and 200 litres of wash were seized from the place. Two persons had run away from the spot,
so that the accused could not be apprehended. Later, the petitioner surrendered before the Magistrate on 01.07.2021. According to the learned
counsel for the petitioner, he was taken to police custody for two days, that investigation has progressed and that he has no criminal antecedents to his
credit.
The petitioner faces allegations under Sections 8(1), (2) and 55(g) of the Abkari Act. He surrendered before the Magistrate on 01.07.2021; he is in
custody for the last 22 days; investigation has advanced considerably; he does not have criminal antecedents. That means, further detention is not
necessary.
Therefore, the petitioner shall be released on bail on the following conditions:-
i) The petitioner shall execute 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 court;
ii) He shall not try to contact or influence the witnesses or tamper with the evidence;
iii) He shall not involve in any crime during the bail period;
iv) He shall not leave the country without permission of the jurisdictional Court;
v) He shall appear before the committal court/trial court as and when required;
vi) The petitioner shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of
Covid 19 pandemic;
vii) If any of the above conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.
This bail application is allowed as above.