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Judgment
The applicant is the sole accused in Crime No.1075 of 2020 of Kayamkulam Police Station, Alappuzha, for having allegedly committed offences
punishable under Sections 8(1) (2) and 55(b) of the Kerala Abkari Act. The prosecution case, in brief, is this:
On 06.05.2020, at about 3.50 pm, the Police party, found that the accused was involved in manufacturing of illicit arrack in his back yard using
utensils and equipment essential for the purpose of distillation. He was arrested on 23.11.2020 and the utensils which he was having in his back yard
were seized. No liquor or wash was seized from the possession of the applicant. The applicant, therefore, prays that he may be granted bail since he
has been in custody for a fairly long time.
Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The Public Prosecutor admits that the applicant has no
criminal antecedents. He was arrested on 23.11.2020 and has been in custody since then. No liquor has been seized from him and all that the
prosecution has seized utensils for the purpose of illicit distillation. Under the circumstances, I find the further incarceration of the applicant may not be
necessary.
In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/-(Rupees Fifty
thousand only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:
(i) He shall appear before the Investigating Officer as and when called for.
(ii) He shall not intimidate or influence witnesses and tamper with evidence.
(iii) He shall not get involved in similar offences during the currency of the bail period.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
The bail application is allowed.