Vijayakumar vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.896/2023 of Kadakkal Police Station, Kollam District. The offences alleged against the petitioner are under Sections 88(1)(2) and 55(g) of Abkari Act, 1077 (hereinafter referred to as ‘Act’ for short).

According to the prosecution, on 25.05.2023 at 18.45 hours, the accused was found in possession of 8 litres of Wash and 1 litre of arrack in contravention of the provisions of the Act and thereby committed the offences.

I have heard Sri.S.R.Sreejith, learned Counsel for the petitioner and Smt.Sreeja.V., learned Public Prosecutor.

Petitioner was arrested on 25.05.2022 and was remanded to judicial custody on the next day. Having regard to the period of detention already undergone by the petitioner, apart from the nature of offences alleged, I am of the view that further detention is not essential, especially since the investigation is almost completed.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him 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.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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, notwithstanding the bail having been granted by this Court.