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Judgment
16 paragraphs · 305 wordsApplication for regular bail under Section 439 Cr.P.C.
The applicant is the sole accused in Crime No.182/2021 of Koratty Police Station, Thrissur, for having allegedly committed an offence punishable
under Section 8(1) and (2) of the Kerala Abkari Act.
The prosecution case, in brief, is that on 02.03.2021 at about 9.30 p.m, the applicant was found to be in possession of 1.5 litres of arrack kept in his
petty shop intended for sale. The applicant was arrested on the same day and remanded to judicial custody and continues in remand.
The applicant states that he is innocent and the allegations are not true. He has no criminal antecedents. He says that he is the sole breadwinner of
the family. His daughter and wife are suffering from various ailments and therefore he seeks indulgence of this Court for granting bail.
Heard the learned counsel for the applicant and the learned Public Prosecutor.
The learned Public Prosecutor admits that the applicant has no criminal antecedents. Considering the quantity of the liquor involved and the present
pandemic situation, I find that further detention of the applicant may not be necessary.
In the result, the bail application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/- (Rupees Fifty
thousand only) with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;
He shall appear before the investigating officer as and when called for.
He shall not attempt to influence or intimidate the witnesses.
He shall not get involved in similar offences during the currency of the bail.
In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.