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Judgment
12 paragraphs · 348 wordsViju Abraham, J.
This is an application for regular bail.
The petitioner is the 2nd accused in Crime No.920 of 2022 of the Chalakkudy Police Station registered alleging commission of offences punishable under Sections 55(a) and 58 of the Kerala Abkari Act.
Prosecution allegation is that on 09.10.2022 at about 7.00 a.m., the 1st accused along with the petitioner/2nd accused was found illegally transporting 126.5 litres of IMFL in a car bearing registration No.KL-39 C-2306 at Chalakkudy Court Junction and thus the accused have committed the abovesaid offences.
Petitioner submits that he is in custody from 09.10.2022 onwards and that he is totally innocent of the allegations levelled against him. He further submits that he has no other criminal antecedents.
Learned Public Prosecutor opposed the application for bail contending that the petitioner was found transporting 126.5 litres of IMFL meant for sale only in Pudusserry. Learned Public Prosecution upon instructions further submitted that the petitioner has no other criminal antecedents.
Considering the facts and circumstances of the case and the period of detention and also taking into consideration the fact that the petitioner has no other criminal antecedents, I am inclined to grant bail to the petitioner. 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 Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.
(ii) He shall appear before the investigating officer in Crime No.920 of 2022 of the Chalakkudy Police Station on all Saturdays at 11.00 a.m. until filing of final report.
(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.
(iv) He shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.920 of 2022 of the Chalakkudy Police Station may file an application before the jurisdictional court, for cancellation of bail.