Sivadas vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the accused in Crime No.117 of 2022 of Guruvayur Police Station, Thrissur District, alleging commission of offence under Sections 8 and 55(b) of the Kerala Abkari Act. The allegation is that on 04.02.2022 at about 7.20PM, the police party recovered 15 litres of arrack from the bathroom of the house belonging to the petitioner.

The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner was falsely implicated and there is no recovery of any contraband from the house of the petitioner. It is submitted that the petitioner has no criminal antecedents and he has been in custody for the past 32 days.

Heard the learned Public Prosecutor also. The learned Public Prosecutor states that there is a very old case registered against the petitioner alleging violation of the provisions of the Abkari Act.

Having regard to the facts and circumstances of the case and considering the nature of the allegations and taking in to account the fact that the continued detention of the petitioner is not necessary for the purpose of investigation, I am inclined to grant bail to the petitioner subject to conditions.

In the result, this bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(1) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;

(2) Petitioner shall report before the investigating officer in Crime No.117 of 2022 of Guruvayur Police Station, Thrissur District, on every Saturday at 11.00AM until further orders;

(3) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.117 of 2022 of Guruvayur Police Station, Thrissur District;

(4) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.117 of 2022 of Guruvayur Police Station, Thrissur District, may file an application before the Jurisdictional Court for cancellation of bail.