Rahul vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the 2nd accused in Crime No.1047 of 2021 of Ambalapuzha Police Station, Alappuzha District, alleging commission of offences under Sections 55(1)(B), 55(c), 55(a), 55(f), 55(g), 55(h) and 55(i) of the Kerala Abkari Act.

When this bail application came up for consideration today, it is noticed that the bail application itself is filed with the averment that the petitioner is entitled to statutory bail. For this reason alone this bail application should not have been entertained in this Court as it was open to the petitioner to move the Jurisdictional Court for bail. However, considering the fact that this matter involves the personal liberty of the petitioner, I am of the view that the petitioner should be granted bail subject to conditions, though it would have been appropriate for the petitioner to approach the Jurisdictional Court.

In the result, this bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(1) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;

(2) Petitioner shall report before the investigating officer in Crime No.1047 of 2021 of Ambalapuzha Police Station, Alappuzha District, on every Saturday at 11.00AM until further orders;

(3) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.1047 of 2021 of Ambalapuzha Police Station, Alappuzha District;

(4) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1047 of 2021 of Ambalapuzha Police Station, Alappuzha District, may file an application before the Jurisdictional Court for cancellation of bail.