AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
15 paragraphs · 291 wordsK.Haripal, J
1.Petitioner, the 3rd accused in crime No.415/2021 of Edathwa police station is before Court, seeking anticipatory bail under Section 438 of the
Cr.P.C.
The crime was registered alleging offence under Section 55(g) of the Abkari Act after coming across attempts to make illicit liquor in the residence
of the 1st accused on 11.06.2021 at 2 p.m.; it is alleged that when the police party searched the said house, paraphernalia for making illicit arrack
were found. Accused Nos.1 and 2 were arrested along with 120 litres of illicit arrack and other utensils etc. for making arrack.
The learned counsel for the petitioner submits that the petitioner is totally innocent, that he has no connection whatsoever with the contrabands.
The learned Public Prosecutor submits that seeing the police party, the petitioner had run away from the place. Whatever it may be, the contraband
has already been seized. He has no criminal antecedents to his credit. The offence under Section 55(g) of the Abkari Act does not postulate any
statutory minimum substantive sentence so that the embargo under Section 41A of the Abkari Act cannot be attracted.
In the result, the petitioner shall be at liberty to 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 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.