Shinu vs State Of Kerala

Raja Vijayaraghavan V, J

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

by the accused in Crime No.391 of 2021 of Paravoor Police Station registered under Sections 8(1) and (2) of the Abkari Act.

2. Prosecution allegation is that on 22.05.2021 at 6.50 pm, the applicants were allegedly found transporting 750 ml of arrack in a motorcycle bearing

registration No.KL-02-BK-5272.

3. Heard the learned counsel appearing for the applicants and the learned Public Prosecutor.

4. The petitioners have been in custody from 22.05.2021 onwards. It appears from the case records that the investigation has made much headway.

It is not reported that the applicants are 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 applicants can now be released

on bail.

In the result, this application will stand allowed. The applicants shall be released on bail on each of them 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 applicants 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). They shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

3). They 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.