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Judgment
14 paragraphs · 332 wordsBechu Kurian Thomas, J
This is an application for regular bail filed under section 439 of the Code of Criminal Procedure 1973.
Petitioner is the sole accused in Crime No.120/2023 of Thiruvalla Excise Range Office, Pathanamthitta District alleging offences punishable under Section 55(i) of the Abkari Act, 1077.
According to the prosecution, on 01.06.2023 at 10.35 a.m., the accused was found, indulging in illegal sale of 2.18 litres of Indian Made Foreign Liquor (IMFL), and thereby committed the offences.
Sri.T.P.Pradeep, the learned counsel for the petitioner submitted that the entire prosecution allegations are false. It was also submitted that petitioner was arrested on 01.06.2023 and has been in custody since then.
Sri.P.G.Manu, the learned Public Prosecutor, opposed the grant of bail and submitted that the allegations against the petitioner are serious in nature.
Having regard to the nature of allegation and the period of detention already undergone from 01.06.2023, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, petitioner is entitled to be released on bail.
In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.