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Judgment
Application for regular bail under Section 439 of Cr.P.C. Applicants are accused Nos. 1 to 5 in Crime No.9/2021 of Thirupuram Excise Range,
Thiruvananthapuram for having allegedly committed offences punishable under Sections 8(1) (2), 58 and 67 of the Kerala Abkari Act.
The prosecution case, in brief, is that the applicants were travelling in a Hyundai car bearing registration No. KL 19C 2424 on 06.02.2021 at about
11 a.m. and they were intercepted by the Excise Party and on search 2 litres of arrack and 7 litres of toddy were recovered from the dickey of the
car. The applicants were all arrested and remanded to judicial custody on the same day. The applicants continue in custody. The applicants submit that
they do not have any criminal antecedents and that they have been falsely implicated and they seek regular bail.
Heard the learned counsel for the applicants and the learned Public Prosecutor.
The learned Public Prosecutor admits that the applicants have no criminal antecedents. Under the circumstances, further incarceration of the
applicants may not be necessary, particularly, in view of the pandemic situation and the quantity of the liquor involved. In the result, the Bail
Application is allowed and the applicants are directed to be released on bail on execution of bond for Rs.50,000/-(Rupees fifty thousand only) each
with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-
(i) They shall not get involved in similar cases during the currency of the bail.
(ii) They shall appear before the investigating officer as and when called for.
(iii) They shall not tamper with evidence, intimidate or influence the witnesses .
In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.