This is an application filed by accused nos.1 and 2 in Crime No.1154 of 2014 of Noornadu Police station 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 06.09.2014 at about 12 noon, the petitioners were found engaged in manufacture and sale of arrack at the residence of the 1st accused and found to be in possession of 4 litres of arrack with some utensils and thereby, they have committed the offences punishable under Secs.8(1) and (2) and Secs.55(a) (i) and (g) of the Kerala Abkari Act .
3. Learned counsel for the petitioners submitted that the petitioners have not committed any offence and they are innocent of the same. They are falsely implicated and are in jail from 07.09.2014 onwards and no offence under Secs.55(a)(i) and (g) of the Kerala Abkari Act is attracted.
4. Learned Public Prosecutor opposed the application on the ground that investigation is not over.
5. Heard both sides and perused the records.
6. It is seen from the records that the petitioners were arrested by the Noornadu Police on 06.09.2014 at 12 noon along with 4 litres of arrack and some utensils in their possession. No wash was seen seized. Further, the Public Prosecutor has no case that the petitioners are involved in any other crimes of similar nature as well. The petitioners are aged only 34 years and 24 years respectively. By this time, they might have understood the gravity of the offences and its consequences. Since most of the witnesses are Police officials, the apprehension of the prosecutor that if they are released on bail, they are likely to influence the witnesses has no course. Their custody is not required anymore in connection with the investigation as well.
7. So considering the circumstances this Court feels that bail can be granted to the petitioners with some stringent conditions.
The application is allowed with the following stringent conditions.
1. The petitioners shall be released on bail on their executing bond for Rs.50,000/-(Rupees fifty thousand only) each with two solvent sureties each for the like sum each to the satisfaction of the Judicial First Class Magistrate Court-II, Mavelikara.
2. The petitioners 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 petitioners 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 petitioners shall not intimidate or influence the witnesses.
5. The petitioners shall not involve in any other crimes of similar nature during the period of this bail.
6. The petitioners shall not leave the State of Kerala without getting prior permission either from the Judicial First Class Magistrate Court-II, Mavelikara 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.
K. RAMAKRISHNAN JUDGE NS