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Judgment
12 paragraphs · 335 wordsViju Abraham, J.
This is an application for regular bail.
Petitioner is the accused in Crime No.95 of 2022 of Mallappally Excise Range, Pathanamthitta, alleging commission of offence punishable under Section 55 (I) of the Kerala Abkari Act.
The prosecution allegation is that on 1.6.2022 at 7.20 am., the accused herein was found in possession of 4 litre of Indian Made Foreign Liquor at Poyyakkal Veedu, near Kunnamthanam Panchayath, for the purpose of sale, against the prohibition contained in the Kerala Abkari Act and thereby committed the aforesaid offence.
learned counsel for the petitioner submitted that he has been falsely implicated in the above crime and he was arrested on 01.06.2022 and he is in custody since then and he has no other criminal antecedents.
Learned Public Prosecutor upon instructions submitted that petitioner has no other criminal antecedents.
Having regard to the facts and circumstances of the case and the nature of the allegations, he is in custody from 01.06.2022 onwards, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following 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.95 of 2022 of Mallappally Excise Range, Pathanamthitta, as and when called for.
(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.95 of 2022 of Mallappally Excise Range, Pathanamthitta.
(vi) 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.95 of 2022 of Mallappally Excise Range, Pathanamthitta, may file an application before the jurisdictional court, for cancellation of bail.