Shibil N.V. vs State Of Kerala

The above captioned application seeking regular bail has been filed under Section 439 of the Code of Criminal Procedure( “Code†for short )

by the sole accused in Crime No. 1190 of 2021 of the Medical College Police Station, Thiruvananthapuram registered under Sections 8(1) and 8(2) of

the Abkari Act.

Prosecution allegation is that on 22.05.2021 at about 7.00 pm, in violation of the provision of the Abkari Act, the applicant was allegedly found

having in his possession 500 ml of illicit arrack

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor.

It appears from the case records that the petitioner was arrested on 22.5.2021. investigation in the crime has made much headway. It is not

reported that the applicant is involved in any other crimes of similar nature. Having regard to the nature and gravity of the allegations, the quantity of

alcohol seized, the period of detention undergone and the stage of investigation, I am of the view that the applicant can now be released on bail.

In the result, this application will stand allowed. The applicant shall be released on bail on his 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 court having jurisdiction. The above order shall be subject to the

following conditions:

1). The applicant shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for one month or till final report is filed, whichever is earlier.

2). He shall not intimidate or attempt to influence the witnesses; nor shall she tamper with the evidence.

3). He shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and

pass appropriate orders in accordance with the law.