ORDER

This is an application for regular bail.

2. The petitioner is the accused in Crime No.151 of

2022 of Erumapetty Police Station, Thrissur District, alleging commission of offences punishable under Sections 8(1), 8(2) and 55(g) of the Kerala Abkari Act. The allegation levelled against the petitioner is that on 09.03.2022 at about 4.50AM, the petitioner was found in possession of 10 litres of wash and utensils for the purpose of brewing illicit arrack.

3. The learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter and has been falsely implicated. It is submitted that the allegation that there was recovery of wash and utensils for the purpose of brewing arrack from the possession of the petitioner is absolutely false. It is submitted that the petitioner has been in custody from 09.03.2022 and his continued detention is not necessary for the purpose of any investigation. It is also pointed out that the petitioner has no criminal antecedents.

4. The learned Public Prosecutor opposes the grant of bail. The circumstances of the case appearing from the record are pointed out. It is submitted that the contraband was recovered from a shed attached to the petitioner's house and the petitioner cannot absolve himself of liability in the matter.

5. Having regard to the facts and circumstances of the case and taking note of the fact that no criminal antecedents are reported against the petitioner, I am of the view that the petitioner can be granted bail especially since his continued detention does not appear to be necessary for the purpose of investigation.

6. In the result, this bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(1) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;

(2) Petitioner shall report before the investigating officer in Crime No.151 of 2022 of Erumapetty Police Station, Thrissur District, as and when called upon to do so;

(3) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.151 of 2022 of Erumapetty Police Station, Thrissur District;

(4) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.151 of 2022 of Erumapetty Police Station, Thrissur District, may file an application before the Jurisdictional Court for cancellation of bail.