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Judgment
13 paragraphs · 293 wordsBechu Kurian Thomas, J
This is an application for regular bail under section 439 of the Code of Criminal Procedure 1973.
Petitioner is the accused in Crime No.106/2023 of Chadayamangalam Excise Range alleging offences punishable under Section 55(i) of the Kerala Abkari Act, 1077.
According to the prosecution, on 01.06.2023 the accused was found in possession of 3 litres of Indian Made Foreign Liquor (IMFL) for the purpose of sale, and thereby committed the offences.
I have heard Sri. K.V.Anil Kumar, the learned counsel for the petitioner and Smt.Sreeja V., the learned Public Prosecutor.
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, the 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.