Varghese P.M vs State Of Kerala

Gopinath P., J

Petitioner is the accused in Crime No. 22/2022 of Mattannur Excise Range Office, Kannur District alleging commission of offences punishable under Sections 8(1) and 8(2) of Kerala Abkari Act.

The allegation against the petitioner is that on 20.02.2022 at 7.45 p.m., the petitioner was found in possession of 10 litres of illicit arrack in violation of the provisions of the Abkari Act. Learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner has been falsely implicated and that there was no recovery of any illicit arrack from the petitioner as alleged. It is submitted that the petitioner had been in custody for 30 days and his continued detention is not necessary for the purposes of any investigation.

The learned Public Prosecutor opposes the grant of bail. It is submitted that the petitioner has antecedents in as much as he is accused in five other cases alleging commission of similar/identical offences. It is submitted that the petitioner is not entitled to be released on bail as there is every chance to the petitioner committing similar offences when released on bail.

Having regard to the facts and circumstances of the case and considering the nature of the allegations and considering the fact that the petitioner has been in custody for 30 days, I am of the opinion that the petitioner can be granted bail subject to conditions. Though several criminal antecedents are reported against the petitioner, I am inclined to grant bail to the petitioner since I am of the opinion that a condition can be imposed in this bail order to the effect that if the petitioner is found engaging in any similar activity in future, the bail granted to him is liable to be cancelled.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioner shall report before the Investigating officer in Crime No. 22/2022 of Mattannur Excise Range Office as and when called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No. 22/2022 of Mattannur Excise Range Office ;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated and if any fresh case alleging commission of similar/identical offence is reported against the petitioner, the Excise Inspector, Mattannur Excise Range Office, Kannur shall take steps before the before the jurisdictional Court for cancellation of bail granted to the petitioner.