Suni vs State Of Kerala

This is an application filed under Section 439 of the Code of Criminal Procedure.

The petitioner is Accused No.2 in Crime No.23/2020 of Ezhukone Excise Range Office. The offences alleged are punishable under Sections 55(g) and 8(1) & (2) of the Abkari Act.

The prosecution case is that on 30.03.2020 at 9.00 p.m, the petitioner and other accused were found engaged in distilling illicit arrack adjacent to the house of the 1st accused and the excise officials seized 2 litres of arrack and 30 litres of wash from the possession of the petitioner and the other accused.

On 08.04.2021 the petitioner surrendered before the jurisdictional Magistrate and he has been in judicial custody since then.

Heard the learned counsel for the petitioner and the learned Pubic Prosecutor.

The learned Public Prosecutor submitted that the investigation is almost in the final stage and further detention of the petitioner is not required.

The learned counsel for the petitioner submitted that the petitioner is innocent of the allegations levelled against him.

Considering the stage of the investigation and the tenure of judicial custody undergone by the petitioner, I am of the view that the petitioner is entitled to be released on bail on conditions.

In the result, this Bail Application is allowed as follows :

(a) The petitioner is ordered to be released on bail on his executing bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(b) He shall appear before the Investigating Officer on all Wednesdays between 10 A.M. and 11 A.M. till the final report is filed.

(c) He shall not try to influence the prosecution witnesses or attempt to tamper with the evidence for the prosecution.

(d) If any of the bail conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in accordance with law.