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Judgment
13 paragraphs · 364 wordsShircy V, J
The petitioner, who is the accused in Crime No.512 of 2021 of Badiadka Police Station, Kasaragode District registered for the offence punishable under Section 55(a)(i) of the Kerala Abkari Act has moved this application for his release on bail under Section 439 of the Code of Criminal Procedure.
The petitioner has been in custody since 19.09.2021.
The prosecution allegation is that on 19.09.2021 at about 12.05 p.m., this petitioner was found in possession of 29.160 litres of Indian made foreign liquor kept for the purpose of sale in Kerala, which is meant for sale only in the State of Karnataka, in contravention of the provisions of the Kerala Abkari Act, and thereby he has committed the aforesaid offences.
The learned counsel for the petitioner has submitted that he is totally innocent of the allegations levelled against him.
The learned Public Prosecutor has no case that this petitioner is having any criminal antecedents and that fact has been reported on instructions.
Having regard to the nature of the accusations levelled against the petitioner, the quantity of the contraband involved, the period of detention of undergone by him in custody, and the other facts and circumstances involved in this case, I am inclined to release him on bail.
Therefore, this application is allowed subject to the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.