Manoj vs State Of Kerala

Mohammed Nias C.P., J

Apprehending arrest in Crime No.170 of 2023 of Thiruvalla Excise Range Office, Pathanamthitta, registered for offences under Sections 8(1) and 8(2) of the Abkari Act 1 of 1077, the accused has filed this petition.

The prosecution allegation is that, on 11.08.2023 at about 6.20 p.m, the 2nd respondent, along with other officers patrolling in a jeep through the Kavumbhagaom-idinjillam road, when they reached Azhiyidathuchira junction, a middle-aged man caused the vehicle to stop there and gave secret information that accused was selling the alcohol and he was wearing a blue colour shirt and green colour kaily mundu, and he was doing the said illegal act under the guise of buffalo trading and that he was having many buffalos in the nearby property. The 2nd respondent, pursuant to the information, went to the spot wherein the accused was seen with a can in his right hand, and after seeing the Excise Jeep, he ran away. Thus, according to the Excise, liquor contained in the said can was arrack; hence, the case was registered against the accused.

The learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.

Taking into account the allegations raised against the petitioner, the quantity involved, and the not-so-clear description in Annexure 1 about the quantity, I am inclined to allow the petition.

Therefore, I am inclined to grant anticipatory bail to the petitioner on the following conditions:-

(i) The petitioner is directed to surrender before the Investigating Officer within a week from today, and on such surrender, the Investigating Officer can interrogate the petitioner. In the event of his arrest, the Investigating officer shall produce the petitioner before the jurisdictional court on the date of surrender itself.

(ii) On such production, the jurisdictional court shall release the petitioner on bail, on executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) by the petitioner and by two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(iii) The petitioner shall cooperate with the investigation and make himself available for interrogation and investigation as and when the Investigating Officer directs him to do so.

(iv) The petitioner shall not intimidate the witnesses or interfere with the Investigation in any manner.

(v) The petitioner shall not be involved in any offence while on bail.

(vi) If any of the above conditions are violated, the court concerned will be empowered to take steps for cancellation of bail as per law.