Raghavan K vs State Of Kerala

K.Haripal, J

These are applications filed by the same person seeking his release on bail under Section 439 of the Code of Criminal Procedure.

B.A. No. 4425/2021 is in respect of Crime No. 31/2021 of Bandadka Excise Range, which was registered on 17.04.2021, alleging offence under

Section 8(1) and (2) of the Abkari Act, after seizing ten litres of arrack from near the house of the petitioner.

B.A. No. 4458/2021 relates to Crime No. 32/2020, which was registered for an offence allegedly committed on 10.05.2020, after seizing 165 litres

of wash found near to his house. In both the cases, he was arrested on 30.06.2021 and since then is in judicial custody. Crime No. 32/2020 was

registered under Section 55(g) of the Abkari Act.

Heard learned counsel on both sides.

The learned Public Prosecutor has submitted that apart from these two crimes, he has no criminal antecedents. He is in custody from 30.06.2021

onwards. Investigation in both the cases have progressed considerably. Moreover, offence under Sections 8(1) and 55(g) of the Abkari Act do not

prescribe any statutory minimum substantive sentence, so that injunction under Section 41A of the Abkari Act cannot be attracted.

Therefore, the petitioner shall be released on bail in both the cases subject to the following conditions:-

i) The petitioner shall execute separate bonds for Rs.50,000/- (Rupees Fifty Thousand only), in each crime with two solvent sureties each for the like sum to the

satisfaction of the jurisdictional court;

ii) He shall not try to contact or influence the witnesses or tamper with the evidence;

iii) He shall not leave the country without leave of the jurisdictional court;

iv) He shall not involve in any crime during the bail period;

v) He shall appear before the investigating officer/trial court as and when required;

vi) The petitioner shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of

Covid 19 pandemic;

vii) If any of the above conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

These bail applications are allowed as above.