Suresh T.P vs State Of Kerala

K.Haripal, J

The petitioner is the second accused in Crime No.43 of 2021 of Excise Range office Thankamani in Idukki District. The allegation is that the

petitioner along with the first accused had committed offence punishable under Sections 8(1) and (2) and 55(a) of the Abkari Act.

The alleged incident had happened on 09.05.2021 at 6 am. According to the learned counsel for the petitioner, he has been implicated solely on the

ground that the portion of the property from which the alleged contraband had seized belongs to him. He has no connection with the act in question or

the contraband.

I heard the learned counsel for the petitioner and also the learned Public Prosecutor.

The learned Public Prosecutor has submitted that five litres of arrack and 160 litres of wash were seized from the property, which is in the

possession of the petitioner. The first accused was arrested from the spot and later, was released on bail. The petitioner had run away from the place.

In the nature of the allegations, custodial interrogation of the petitioner is not necessary. The contraband has already been seized from the spot. No

criminal antecedents is noticed against the petitioner.

Therefore, the petitioner, if so advised, shall surrender before the Investigating Officer within ten days from today and will make himself available for

interrogation; in the event of arrest, he shall be released on bail on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent

sureties each for the like sum to the satisfaction of the investigating officer; he shall co-operate with the investigation, shall not try to contact or

influence the witnesses or tamper with the evidence and shall not involve in any crime during the period on bail.

This bail application is allowed as above.