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Judgment
9 paragraphs · 336 wordsThe applicant is the sole accused in Crime No.158 of 2020 of Balussery Excise Range Office, Kozhikode, for having allegedly committed an offence punishable under Section 55(g) of the Kerala Abkari Act. The prosecution case, in brief, is this:
On 19.11.2020, on getting reliable information regarding the distillation of arrack by the applicant, the defacto complainant and his party reached the spot and conducted the search on the terrace of the house of the accused and it resulted in the seizure of 210 litres of wash in 3 barrels, containing 70 litres each. The seizure was effected, the applicant was arrested. The applicant could not be apprehended on that day. But, apprehending arrest, he filed an application for anticipatory bail and during the pendency of the bail application, he was arrested on 25.02.2021. The applicant continues in remand. The applicant states that he has no criminal antecedents. He is willing to abide by any condition. And, therefore, seeks bail.
Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor admits that the applicant has no criminal antecedents. Considering the quantity of the liquor involved, the antecedents of the applicant and the present pandemic situation, further detention of the applicant may not be required.
In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.1,00,000/-(Rupees One lakh only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:
(i) He shall appear before the Investigating Officer as and when called for.
(ii) He shall not intimidate or influence witnesses and tamper with evidence.
(iii) He shall not get involved in similar offences during the currency of the bail period.
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.
The bail application is allowed.