Sreejith Babu vs State Of Kerala

Shircy V, J

Application for regular bail filed under Section 439 of the Code of Criminal Procedure.

The petitioner is the sole accused in Crime No.672 of 2021 of Sasthamcotta Police Station registered for the offences punishable under Sections

8(1) and (2) of the Abkari Act.

He has been in custody since 25.5.2021.

The allegation is that on 25.5.2021 this petitioner was found in possession of 80 ml of Arrack kept in a plastic bottle in his Alto Car bearing

Reg.No.KL-61-5223 in contravention of the provisions of Abkari Act and thereby committed the aforesaid offences.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

The learned counsel for the petitioner has submitted that he is totally innocent of the allegations levelled against him. Hence, this application.

Considering the quantity of the illicit arrack found in his possession, the present stage of investigation, the period of detention undergone by him in

custody, I am inclined to release him on bail subject to the following conditions.

(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.1,00,000 /- (Rupees one lakh only) with two solvent sureties for the like sum each to

the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him

from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.