P. K. Jiji v. State of Kerala, represented by Public Prosecutor, High Court of Kerala
2013-11-18
THOMAS P.JOSEPH
body2013
DigiLaw.ai
Judgment : 1. Petitioner is accused, in Crime No.402 of 2013 of the Ambalathara Police Station for the offence punishable under Section 55(a) of the Kerala Abkari Act for alleged distilling of illicit arrack detected on 07-07-2013, is in custody from 19-10- 2013 and seeks bail. 2. I have heard the learned Public Prosecutor and learned counsel for the petitioner. 3. 1.5 liters of arrack and other articles were (allegedly) seized from the petitioner. He is not reported to be involved in any other offence. In the circumstances, I am inclined to grant bail but subject to conditions to prevent recurrence of such incidents in future. 4. The application is allowed as under. Petitioner is granted bail in Crime No. 402 of 2013 of the Ambalathara Police Station and shall be released on bail, (if not required to be detained otherwise) on his executing bond for Rs.20,000/-(Rupees twenty thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions: i) Bail bond shall be executed within three weeks from this day. ii) One of the sureties shall be a close relative of the petitioner. iii) Petitioner shall report to the officer investigating the case on every Saturday between 10 a.m and 12 p.m for a until filing of the final report. iv) Petitioner shall report to the officer investigating the case as and when required for interrogation. v) Petitioner shall not, during the period of this bail get involved in any offence. vi) In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate (until committal of the case if any, and thereafter, before the learned Principle Sessions Judge concerned) as held in P.K.Shaji Vs. State of Kerala (AIR 2006 SC 100).