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Judgment
12 paragraphs · 332 wordsViju Abraham, J
This is an application for Regular Bail.
The petitioner is the accused in Crime No.159/2021 of Kumbala Excise Range Office, Kasaragod alleging commission of offence punishable under Section 58 of the Abkari Act.
The prosecution allegation is that, on 01.09.2021, at 6.05 pm, the accused was found in possession of 6.48 litres of IMFL meant for sale in the State of Karnataka and thereby committed the aforesaid offences.
The learned counsel for the petitioner submitted that the petitioner is innocent of the charges levelled against him and he is in custody from 21.11.2022 onwards. It is further submitted that the petitioner is a person having 90% disability.
The learned Public Prosecutor opposed the application for bail mainly contending that the petitioner was found in possession of 6.48 litres of IMFL meant for sale only in Karnataka State.
Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody from 21.11.2022, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions:
(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court ;
(ii) Petitioner shall appear before the investigating officer in Crime No.159/2021 of Kumbala Excise Range Office, Kasaragod on every Saturday at 11 am till the final report is filed and shall co-operate with the investigation;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.159/2021 of Kumbala Excise Range Office, Kasaragod ;
(iv) 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.159/2021 of Kumbala Excise Range Office, Kasaragod may file an application before the jurisdictional court, for cancellation of bail.