AI Structured Summary
Not yet generated for this judgment
Judgment
Ashok Menon, J
APPLICATION FOR REGULAR BAIL
The applicant is the sole accused in Crime No.44/2021 of Excise Range office, Pala for having allegedly committed an offence punishable under
Sections 8(1) and (2) of the Kerala Abkari Act, 1077.
The prosecution case in brief, is that on 06-06-2021 at about 01.50 p.m., the applicant was in possession of 1 ltr of arrack and he was apprehended
from the courtyard of a house at Mevada on Purakadukavu-Puttanickal road, by the Excise party led by the Preventive Officer. The applicant states
that he is innocent, the allegations are not true and that he was granted interim bail on the very same day and since he has no criminal antecedents he
may not be incarcerated. Anyhow he is willing to cooperate with the investigation.
Heard the learned counsel appearing for the applicant and the learned Public Prosecutor.
Considering the fact that the applicant has no criminal antecedents and the quantity of the liquor involved, I find that incarceration of the applicant
may not be necessary at this stage, if there is no likelihood of his fleeing from justice.
In the result, the application is allowed and the interim bail granted to the applicant is made absolute and he shall comply with directions to cooperate
with the investigation and execute the bond for Rs.50,000/-(Rupees Fifty thousand only), with two solvent sureties, each for the like amount to the
satisfaction of the jurisdictional court and on following further conditions:
(i) He shall appear before the Investigating Officer as and when called for.
(ii) He shall not intimidate or influence witnesses and tamper with evidence.
(iii) He shall not leave the jurisdiction of his residence until further orders.
(iv) He 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.