Uthaman vs State Of Kerala

Raja Vijayaraghavan V, J

The above captioned application seeking regular bail is filed under Section 439 of the Code of Criminal Procedure (“Code†for short) by the

2nd accused in Crime No.311 of 2021 of the Aroor Police Station registered inter alia under Sections 8(1), 8(2), 55(a) and 55(g) of the Kerala Abkari

Act.

The prosecution allegation is that on 4.05.2021, the applicant was found in possession of 300 ml illicit arrack and some quantity of wash. He was

arrested on 04.05.2021 and remains in custody since then.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor.

The applicant has been in custody from 04.05.2021 onwards. It appears from the case records that the investigation has made much headway. It is

not reported that the applicant is involved in any other crimes of similar nature. Having regard to the nature and gravity of the allegations, the quantity

of alcohol seized, the period of detention undergone and the stage of investigation, I am of the view that the applicant can now be released on bail.

In the result, this application will stand allowed. The applicant shall be released on bail on his 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 court having jurisdiction. The above order shall be subject to the

following conditions:

1). The applicant shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for one month or till final report is filed, whichever is earlier.

2). He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

3). He shall not commit any offence while on bail.

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.