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Judgment
The applicants are the accused Nos. 2 and 3 in Crime No.93 of 2020 of Chengannur Excise Range, Alappuzha, for having allegedly committed
offences punishable under Sections 8(1)(2), 12(1), 55(g), 67B and 12(1) of the Kerala Abkari Act.
The prosecution case, in brief, is that on 13.11.2020 while the excise officials attached to Chengannur Excise Range were on patrol duty, they got
reliable information about the distillation of arrack by the first accused. When they reached the scene of occurrence which is situated near
Kuttemperoor river at Ennakkadu village, the first accused flood away from there. The applicants were guarding the site and were apprehended by
the Excise party. They were remanded and continuous to remain in judicial custody. The applicants state that they have no criminal antecedents and
hence, they may be released on bail. A total quantity of 156 litres of arrack and 90 litres of wash was also seized from the scene of occurrence.
Heard the learned Counsel appearing for the applicants and the learned Public Prosecutor. It is admitted that the applicants have no criminal
antecedents. The applicants have been in custody for more than a month now. I find that further incarceration of the applicants may not be necessary.
In the result, the application is allowed and the applicants are directed to be released on bail on the execution of a bond for Rs.1,00,000/-(Rupees
One lakh only) each, with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further
conditions:
(i) They shall appear before the Investigating Officer as and when called for.
(ii) They shall not intimidate or influence witnesses and tamper with evidence.
(iii) They 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.