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Judgment
12 paragraphs · 300 wordsViju Abraham, J
This is an application for regular bail.
Petitioner is the accused in Crime No.204 of 2022 of Kumbla Excise Range Office, Kasaragod registered alleging commission of offence punishable under Section 58 of the Abkari Act.
The prosecution allegation is that on 20.12.2022 at about 3.55 p.m. the accused was found in possession of 34.56 litres of IMFL meant for sale in State of Karnataka, in Karnataka RTC bus bearing registration No.KA-19-F-3438 near to Bangara Majeshwar Excise Check Post. Thus the petitioner has committed the abovesaid offence.
Petitioner submits that he has been falsely implicated in the abovesaid crime and that he is in custody from 20.12.2022 onwards.
Learned Public Prosecutor opposed the application for bail mainly contending that the petitioner was found in possession of 34.56 litres of IMFL meant for sale in State of Karnataka.
Considering the facts and circumstances of the case and the fact that the petitioner is in custody from 20.12.2022 onwards, I am inclined to grant bail to him on the following conditions:
(i) Petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.
(ii) He shall appear before the investigating officer in Crime No.204 of 2022 of Kumbla Excise Range Office, Kasaragod on all Saturdays at 11.00 a.m. till the filing of charge sheet.
(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.
(iv) He shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.204 of 2022 of Kumbla Excise Range Office, Kasaragod may file an application before the jurisdictional court, for cancellation of bail.