AI Structured Summary
Not yet generated for this judgment
Judgment
Ashok Menon, J
Application for regular bail under Section 439 Cr.PC.
The applicant is the sole accused in Crime No.67/2021 of Excise Range Office, Tirur for having allegedly committed offences punishable under
Section 55(g) of the Abkari Act.
The prosecution case, in brief, is that on 8.6.2021 at about 7.15 p.m. at a place called Kaimalassery, the applicant was found to be in possession of
5 litres of wash at the store room of his house at Tripagode Panchayat and he was arrested and remanded to judicial custody next day. He continues
in custody. The applicant states that he is innocent and the allegations are not true and that considering the present pandemic situation, he may be
released on bail.
Heard the learned counsel for the applicant and the learned Public Prosecutor.
The learned Public Prosecutor points out that the applicant has four other criminal cases of similar nature registered against him right from the year
2017, and therefore, in case he is released on bail, there is every possibility of the applicant being invoked in offences of similar nature. Hence, the bail
application is vehemently opposed by the learned Prosecutor.
Considering the present pandemic situation and the quantity of the liquor involved, the applicant is liable to be released on bail. But, considering his
criminal antecedents, stringent conditions need to be imposed.
Hence, the Bail Application is allowed and the applicant is directed to be released on bail on execution of a 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 the following further conditions:
(i) He shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of three months or till the filing of the final report,
whichever is earlier;
(ii) He shall not attempt to influence or intimidate the witnesses or tamper with evidence.
(iii) He shall not get involved in similar offences during the currency of the bail.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to approach the jurisdictional court for cancellation of the bail.