This is an application filed by the 2nd accused in Crime No.116 of 2014 of Sasthamcotta Excise Range for regular bail under under Sec.439 of Code of Criminal Procedure (hereinafter referred to as 'the Code' for short). 2. The case of the prosecution in nutshell was that on 4.09.2014 at about 10.30 p.m., the accused persons were found to be in possession of 3 litres of arrack with utensils intended for manufacturing of arrack in the building No.1/393 of Sooranadu North Grama Panchayath and thereby, they have committed the offences punishable under Secs.8(1) and (2) of the Kerala Abkari Act.
3. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same. He has been falsely implicated in this case and no article was seized from his possession. He surrendered before the Court on 17.09.2014.
4. Learned Public Prosecutor opposed the application on the ground that the 1st accused is yet to be arrested.
5. Heard both sides and perused the records.
6. It is seen from the case diary file that on getting information regarding the sale of arrack from the house of the accused persons, they conducted search in the house on 04.09.2014 and found 3 litres of arrack in the house and the 1st accused alone was present in the house. Since no women Police officials or excise officials were with them, they could not arrest the 1st accused at that time. It is specifically mentioned in the report itself that the present petitioner was not present in the house. So he was not also arrested but, later after completing the formalities they came to the Excise office and registered the above crime against both the accused. He surrendered before the Court on 17.09.2014. The prosecutor has no case that the petitioner has got any criminal background and has involved in any other crimes of similar nature as well.
7. So considering the circumstances that he was not in the house at that time and it is not known as to whether he has got any involvement in keeping of the contraband article which has to be proved on the basis of the evidence, this court feels that bail can be granted to the petitioner with some stringent conditions as his custody is not required anymore in connection with the investigation.
The application is allowed with the following stringent conditions.
1. The petitioner shall be released on bail on his executing bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Judicial First Class Magistrate Court, Sasthamcotta.
2. The petitioner shall appear before the investigating officer on all Saturdays between 9.00 am and 10.00 a.m., for a period of three months and thereafter on the last Saturday of every month between the same timings till final report is filed.
3. The petitioner shall appear before the investigating officer for the purpose of interrogation as and when required in connection with the above crime in writing to do so till final report is filed.
4. The petitioner shall not intimidate or influence the witnesses.
5. The petitioner shall not involve in any other crimes of similar nature during the period of this bail.
6. The petitioner shall not leave the State of Kerala without getting prior permission either from the Judicial First Class Magistrate Court, Sasthamcotta or from the Court to which, the case will be committed for trial till the disposal of the case.
With the above conditions, this application is allowed.
Sd/-
K. RAMAKRISHNAN JUDGE / True Copy / NS P.A. To Judge