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Judgment
13 paragraphs · 280 wordsBechu Kurian Thomas, J
This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
Petitioner is the accused in Crime No.111/2023 of Chadayamangalam Excise Range, Kollam, alleging offence punishable under Section 55 (i) of the Abkari Act, 1077.
According to the prosecution, on 08.06.2023, the Assistant Excise Inspector found petitioner in possession of 2 litres of Indian Made Foreign Liquor kept for sale and thereby the accused committed the offences alleged.
I have heard Sri. K.V.Anil Kumar, the learned counsel for the petitioner, as well as Sri. Noushad.K.A, the learned Public Prosecutor.
Having regard to the nature of allegations and also the period of detention already undergone from 08.06.2023, I am of the view that, petitioner can be released on bail.
Accordingly, this application is allowed on the following conditions:
a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
b) Petitioner shall appear before the Investigating Officer as and when required.
c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.
d) Petitioner shall not commit any similar offences while he is on bail.
e) Petitioner shall not leave India without the permission of the court having jurisdiction.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.