Vishnu vs State Of Kerala

Application for regular bail under Section 439 of Cr.P.C. The applicant is the 2nd accused in Crime No.13/2021 of Thrissur Excise Range for

having allegedly committed offences punishable under Sections 8(1) & (2), and 55 (g) of the Kerala Abkari Act.

The prosecution case, in brief, is that the 1st accused was apprehended by the Excise officials while he was found under suspicious circumstances

on 17.01.2021 with a shoulder bag, which contained 5 litres of arrack. He was taken back to the house occupied by him. The applicant, who is the 2nd

accused was found in the process of distilling the arrack inside that house. Total quantity of 2150 litres of wash and 195 litres of arrack was recovered

from there.

The applicant states that he is innocent and the allegations are not true and he has no criminal antecedents. He has been in custody since

17.01.2021 and hence seeks bail.

Heard the learned counsel for the applicant and the learned Public Prosecutor.

The 1st accused was already granted bail and the applicant is also similarly placed and has no criminal antecedents. Therefore, I find no reason for

further detention of the applicant.

Hence, the application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.1,00,000/-(Rupees one lakh only) with

two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-

(i) He shall appear before the investigating officer as and when called for.

(ii) He shall not tamper with evidence, intimidate or influence the witnesses .

(iii) He shall not get involved in similar offences during the currency of the bail.

In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.