Suresh K.S vs State Of Kerala

A. Badharudeen, J

Regular bail plea of the sole accused in crime No.80/2021 of Excise Range Office, Alakkode is under consideration in this petition filed under Section 439 of Cr.P.C.

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor in detail.

The allegation of the prosecution is that on 19.05.20021 at about 16.30 hours, the Excise party seized 130 litre of wash kept near by the house of the accused, for the purpose of brewing alcohol and crime alleging commission of offence under Section 55(g) of the Kerala Abkari Act was registered. But the Excise party could not arrest the accused and after filing charge, the accused surrendered himself before the Magistrate court and sought for regular bail and the bail application was dismissed by the court concerned.

While canvassing regular bail to the petitioner, the learned counsel for the petitioner vehemently argued to convince that the petitioner is innocent and also to appraise that the recovery itself is from the neighbouring property of the petitioner and the petitioner has no nexus with the contraband seized. He submitted further that after filing final report, the petitioner voluntarily surrendered and sought for bail and was rejected. According to him, further custody of the petitioner in this case, where final report already filed, is not necessary and the petitioner is a first time offender.

The learned Public Prosecutor placed documents forming part of the case diary and opposed bail, highlighting huge quantity of wash involved in this case. However, the learned Public Prosecutor conceded the fact that the petitioner has no criminal antecedents.

In this matter, the petitioner has no criminal antecedents and the final report already filed. Therefore, there is no reason to detain him in custody further for any purpose. In view of the matter, I am inclined to grant bail to the petitioner on the following conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.30,000/- (Rupees Thirty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the court concerned.

ii. The petitioner shall co-operate with the trial.