P. v. Rajeendran VS State of Kerala Represented By Public Prosecutor
2021-03-12
ASHOK MENON
body2021
DigiLaw.ai
ORDER : Application for regular bail under Section 439 of Cr.P.C. The applicant is the sole accused in Crime No.11/2021 of Excise Range Office, Kannur for having allegedly committed offences punishable under Sections 8(1), (2) and 55(g) of the Kerala Abkari Act. 2. The prosecution case, in brief, is that on 16.01.2021 at about 12.30 p.m. at Pallikunnu amsom, Chalad Desom, the accused was found to be in possession of 25 litres of arrack and 200 litres of wash intended for distillation of arrack kept in the shop named 'Puthuma Decoration' belong to him. He was arrested from the spot and remanded to judicial custody. He has been in custody since then. He seeks bail stating that the allegations are not true and that he has no criminal antecedents. He has been in custody for fairly long time. 3. Heard the learned counsel for the applicant and the learned Public Prosecutor. 4. The learned Public Prosecutor admits that the applicant has no criminal antecedents. Considering the facts and circumstances of this case and the present pandemic situation, further detention of the applicant may not be essential. Hence, the Bail Application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions :- (i) He shall appear before the investigating officer on all Saturdays between 9 a.m. and 12 noon for a period of two months or till the filing of final report, whichever is earlier. (ii) He shall not get involved in similar cases during the currency of the bail. (iii) He shall not tamper with evidence, intimidate or influence the witnesses. In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.