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Judgment
12 paragraphs · 373 wordsViju Abraham, J
This is an application for regular bail.
Petitioner is arrayed as accused in Crime No.503 of 2022 of Kasaragod Police Station, alleging commission of punishable under Sections 58 and 67B of Abkari Act.
The prosecution allegation is that on 09.06.2022 at 5.00 pm, accused was found in transporting 334 tetra packets (each having a capacity of 180 ml) of Indian Made Foreign Liquor meant for sale in state of Karnataka in his scooter bearing Reg.No.KL-14R 4921 at Beeranth bayal situated in Adukkath bayal village and thereby the accused committed the aforesaid offences.
Learned counsel for the petitioner submitted that petitioner was arrested on 09.06.2022 and he is in custody since then. Learned counsel further submitted that petitioner has no other criminal antecedents.
Learned Public Prosecutor opposed the application for bail and upon instructions submitted that petitioner was found in possession of a huge quantity of IMFL meant for sale only in Karnataka but further submitted that the petitioner has no other criminal antecedents.
Having regard to the facts and circumstances of the case and considering the fact that petitioner is in custody from 09.06.2022 onwards, and that he has no other criminal antecedents, 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 a 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.503 of 2022 of Kasaragod Police Station as and when called for and shall co-operate with the investigation.
(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.503 of 2022 of Kasaragod Police Station.
(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.503 of 2022 of Kasaragod Police Station may file an application before the jurisdictional court, for cancellation of bail.