Sundarapoojari vs State Of Kerala

Bechu Kurian Thomas, J.

This is an application for pre-arrest bail filed under section 438 of the Code of Criminal Procedure 1973.

Petitioner herein is the sole accused in Crime No.64/2023 of Kumbla Excise Range Office, Kasaragode District alleging offences punishable under Sections 8(1) and 8(2) of the Abkari Act, 1077.

According to the prosecution, on 17.05.2023 at about 4.30 p.m. the accused was found to have stored 14 litres of arrack in a thatched shed in the outdoor area roofed with plastic sheet situated on the side of his house, and thereby committed the offences alleged.

I  have  heard  Ms.Anakha  Krishna,  the  learned  counsel  for  the petitioner as well as Smt.T.V.Neema, the learned Public Prosecutor.

Petitioner is alleged to have stored 14 litres of arrack in the compound of his house. When the Excise Officials reached the house, he ran away and therefore, he could not be apprehended on the same day.

Having regard to the nature of allegation and considering the circumstances of the case, I am of the view that limited custody of the petitioner would suffice the investigation.

Accordingly, this application is allowed on the following conditions:-

(a) Petitioner shall appear before the Investigating Officer on 29.06.2023 and shall subject himself to interrogation.

(b) If after interrogation, the Investigating Officer proposes to arrest the petitioner, then, he shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Investigating Officer.

(c) Petitioner shall appear before the Investigating Officer as and when required and shall also co-operate with the investigation.

(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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, notwithstanding the bail having been granted by this Court.