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Judgment
34 paragraphs · 301 wordsThe petitioner herein is the sole accused in Crime
No.251 of 2017 of the Sasthamcotta Excise Range,
registered under Section 8(1) & (2) of the Kerala Abkari
Act. He seeks regular bail under Section 439 of the Code of
Criminal Procedure. The application filed by him for regular
bail was dismissed by the learned Judicial First Class
Magistrate Court, Sasthamcotta on 11.10.2017. The
petitioner has been in judicial custody since 16.10.2017.
The prosecution case is that on 02.10.2017, the
petitioner was found possessing 5 litres of arrack. He was
arrested on the spot and the quantity of arrack was seized
as per a mahazar.
On a perusal of the materials, I find that
investigation is practically over. No other crime of similar
nature is seen reported against the petitioner. In the above
circumstances, I feel it appropriate to grant bail to the
petitioner on conditions.
In the result, this application for bail is allowed. The
petitioner will be released on bail on his executing a bond
with two solvent sureties for 50,000/- (Rupee sFifty
thousand only) each to the satisfaction of the court below
having jurisdiction. Bail is granted on condition that;
a. The petitioner shall report before the Excise
Inspector, Karunagappally between 10.00 am to 11 a.m on
all Saturdays for a period of three months.
b. The petitioner shall not enter the jurisdictional
limits of the Sasthamcotta Excise Range for three months.
c. The petitioner shall not involve in any offence
under the Kerala Abkari Act till trial of the case is over.
d. The petitioner shall make a security deposit of
20,000/- in the court below as a further condition for bail.
Forward a copy of this order to the Excise Inspector,
Karunagappally, who will report compliance of the
conditions, directly to the court below.