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Judgment
Shircy V, J
Application for regular bail.
The petitioner who is the sole accused in Crime No.41 of 2020 of Alakode Excise Range Office, Kannur District registered for the offence punishable under Section 55(g) of the Abkari Act, has moved this application for his release on bail.
The prosecution allegation is that on 14.05.2020 this petitioner was found in possession of 40 litres of Wash kept for the purpose of distillation of illicit arrack in a shed attached to his residence at Mudikkanam in Alakode Amsom, in contravention of the provisions of the Abkari Act, by the Excise officials. Thereby, he has been booked for the aforesaid offence.
The petitioner has been in custody since 07.08.2021.
Heard the learned counsel for the petitioner as well the learned Public Prosecutor.
The learned counsel for the petitioner has raised a plea of false implication and contended that he is totally innocent of the allegation levelled against him.
The above submission is refuted by the learned Public Prosecutor contending that, though the contraband articles were seized by the Excise officials on 14.05.2020, this petitioner was not arrested, as he fled away from the spot. Only on a later date i.e.on 07.08.2021, he was arrested. Now the investigation of the case is nearing completion.
Though this petitioner has been arrested on the allegation that he was found in possession of 40 litres of Wash kept for the purpose of distillation of the illicit arrack, the prosecution has no case that he is having any criminal antecedents. More over, now the investigation of the case is nearing completion.
Having regard to the nature of the offence alleged against him, the present stage of investigation and the quantity of the contraband involved in this case, further detention of this petitioner is found not necessary. So also he has no criminal antecedents. Therefore, I am inclined to release him on bail subject to the following conditions :-
(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only)with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii)The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate/Judge is empowered to cancel the bail in accordance with the law.