Remani vs State Of Kerala

Shircy V., J

The petitioner, who is the 1st accused in Crime No. 900 of 2021 of Ezhukone Police Station registered for the offence punishable under Section 55(g) of the Kerala Abkari Act has moved this application under Section 439 of the Code of Criminal Procedure for her release on bail.

The prosecution allegation is that on 18.08.2021 at about 12.30 p.m. the Sub Inspector of Police and his team have seized 40 litres of wash kept by the petitioner concealed in her property for manufacturing illicit arrack, and arrested the petitioner then and there.

The learned counsel for the petitioner has submitted that the contraband was seized not from her property as alleged by the prosecution, but it was from the neighbouring property. But still the petitioner was arrested and she is languishing in jail since then.

The learned Public Prosecutor has submitted that accused Nos. 1 and 2 were found in possession of the contraband together with the utenzils for manufacturing illicit arrack in the property near to the house of the 1st accused. The 2nd accused fled away from the spot and he has not been arrested. Now the investigation is well in progress.

This petitioner has no criminal antecedents as reported by the learned Public Prosecutor. The investigation of the case has also progressed considerably.

Having regard to the nature of the accusation levelled against this petitioner, the period of detention undergone by her in custody, as well the other facts and circumstances involved in this case, I am inclined to release her on bail.

Therefore, this application is allowed subject to the following conditions:

(i) The petitioner shall be released on bail on her executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law.