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Judgment
14 paragraphs · 362 wordsBechu Kurian Thomas, J
This is an application for regular bail under section 439 of the Code of Criminal Procedure 1973.
Petitioners are accused Nos. 1 and 2 in Crime No.103/2023 of Agali Excise Range Office, Palakkad District alleging offences punishable under Section 55(i) and 55(D) of the Abkari Act, 1077.
According to the prosecution, on 01.06.2023 at 9.30 a.m. the Preventive officer of Excise Range, Agali and party conducted raid in the house of the first accused and found 36 litres of Indian Made Foreign Liquor (IMFL) for the purpose of illegal sale, and thereby committed the offences.
Sri.Rajendran T.G., the learned counsel for the petitioners submitted that the entire prosecution allegations are false and that the incident as alleged had never occurred. It was submitted that petitioners were arrested on 01.06.2023 and were remanded on the same day.
Smt.Sreeja V., the learned Public Prosecutor, opposed the grant of bail and submitted that the allegations against the petitioners 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 petitioners are not required in the circumstances of the case. Therefore, petitioners are entitled to be released on bail.
In the result, this application is allowed on the following conditions:-
(a) Petitioners shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioners shall appear before the Investigating Officer as and when required.
(c) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.
(d) Petitioners shall not commit any similar offences while they are on bail.
(e) Petitioners 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.