Suresh P. vs State Of Kerala

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

The applicant is the sole accused in Crime No.43/2020 of Neeleswaram Excise Range for having allegedly committed the offences punishable

under Sections 8(1) & (2) and 55(g) of the Kerala Abkari Act.

The prosecution case, in brief, is that on 04.11.2020 at about 12.30 PM, the applicant was found to be in possession of 110 litres of wash for the

purpose of manufacturing of illicit arrack from the courtyard of his house at Chemmeni Panchayath. The applicant was arrested on 17.11.2020 and

has been in custody since then.

The applicant submits that he has no criminal antecedents and that he is willing to cooperate with the investigation, and therefore, seeks regular bail.

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

The applicant admittedly has no criminal antecedents. Considering the present pandemic situation, I find that further incarceration of the applicant is

not necessary.

In the result, the Bail Application is allowed and the applicant is directed to be released on bail on the execution of 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 for 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.