Velayudhan vs State Of Kerala

K.Haripal, J

The sole accused in crime No.26 /2021 of Mala Excise Range is the accused who faces allegations under Section 55(g) of the Abkari Act. The prosecution allegation is that on 21.05.2021, when the Excise party searched his house, they found 40 litres of wash having been kept in two buckets in the residence of the petitioner. The petitioner was not available at the place. After seizing the item, the crime was registered. Now he has moved this Court under Section 438 of the Cr.P.C., seeking anticipatory bail.

I heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner submits that he has no nexus with the contraband in question and he has no criminal antecedents. The latter submission has been endorsed by the learned public Prosecutor.

Now the contraband has already been seized and the petitioner has no criminal antecedents to his credit. In the nature of the allegations custodial interrogation of the petitioner is not warranted. Moreover, the embargo under Section 41A(b) of the Abkari Act cannot be attracted. Section 41A(b) postulates an offence punishable for a term of imprisonment of three years or more. Statuary minimum substantive sentence is not prescribed for the offence under Section 55(g) of the Abkari Act.

Therefore, the petitioner shall be at liberty to surrender before the Investigating Officer within ten days from today and will make himself available for interrogation; in the event of arrest, he shall be released on bail on executing bond for Rs.50,000/- (fifty thousand rupees only)with two solvent sureties each for the like sum to the satisfaction of the Investigating Officer; he shall co-operate with the investigation, shall not try to contact or influence the witnesses or tamper with evidence and shall not involve in any crime during the period on bail.

Bail Application is allowed in part as above.