Sumesh K vs State Of Kerala

This is an application for regular bail under Section 439 of the Cr.P.C.

The applicant is the sole accused in Crime No.38/2020 of Neeleswaram Excise Range for having allegedly committed an offence punishable under Section 55(g) of the Abkari Act.

The prosecution case, in brief, is that on 04.04.2020 at about 12.30 PM at Kulimada in Malom Village, the Excise officials found 110 litres of wash stored near the house of the accused intended for distillation of illicit arrack and thus the crime was registered. The applicant was arrested on 24.02.2021 and remanded to judicial custody.

The applicant states that he is innocent and the allegations are not true and that the contraband recovered from near his house does not belong to him and it has been placed by someone else. He also does not have any criminal antecedents, and therefore, prays that he may be released on bail.

Heard the learned Counsel for the applicant and the learned Public Prosecutor.

Considering the fact that the applicant has no criminal antecedents, which is admitted by the learned Public Prosecutor, I find that further incarceration of the applicant is not necessary for the purpose of investigation.

As a result, the bail 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, on the following other conditions:

i) He shall appear before the investigating officer as and when called and shall cooperate with the investigation;

ii) He shall not attempt to influence or intimidate the witnesses; and

iii) He shall not get involved in similar offences during the currency of the bail.

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.