Swarag @ Manoj vs State Of Kerala And Anr

This is an application filed under Section 439 of the Cr.P.C by the sole accused in Crime No.209/2020 of Excise Range Office, Sasthamkotta

registered alleging offence punishable under Sections 8(1) and 8(2) of the Kerala Abkari Act. The allegation is that the 20 litres of arrack was seized

from the house of the petitioner which was stored in a jerry can. He was arrested on 16.12.2020 and since then he is in custody.

Heard the learned counsel for the petitioner/ accused and the learned Public Prosecutor.

The learned Public Prosecutor on instructions, submits that he has no criminal antecedents and that the investigation has considerably progressed.

Considering all these aspects and since investigation is almost at the final stage, there is no point in continuing his judicial custody. He shall be released

on bail on the following conditions:

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

the jurisdictional court;

ii) He shall not interfere with the investigation and shall not influence the witnesses or tamper with evidence;

iii) Petitioner shall not leave India without permission of the jurisdictional Court;

iv) He shall appear before the investigating officer as and when required;

v) The petitioner shall strictly abide the various guidelines issued by the State Government and the Central Government with respect to keeping of

social distancing in the wake of Covid 19 pandemic.

vi) If any of the above conditions are violated by the petitioner, the committal/trial Court can cancel the bail in accordance with law.