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Judgment
11 paragraphs · 380 wordsViju Abraham, J.
This is an application for anticipatory bail.
The petitioner is the sole accused in Crime No.15/2022 of Chirayinkeezhu Excise Range Office, Thiruvananthapuram district, alleging commission of offence punishable under Section 55(i) of Abkari Act.
The prosecution allegation is that, on 01.02.2022, at about 11.50 a.m., the accused was found possessing 10.5 litres of Indian Made Foreign Liquor for the purpose of sale, in the bed room of his residence situated in Kadakkavoor Grama Panchayath.
4 .The learned counsel for the petitioner submitted that he has been falsely implicated in the above said crime. It is further submitted that the place of occurrence is not the house of the petitioner and the contraband was found from the western side of the boundary walls on the Kalloorkonam Anganwadi which is situated near to the house of the petitioner and that the petitioner has no physical or conscious possession over the contraband article. It is also submitted that he is not involved in any other crime and is suffering from various ailments and to substantiate the same, he has produced Annexure A2 treatment certificate.
The learned Public Prosecutor opposed the application for bail, but submitted that there are no other criminal antecedents as against the petitioner.
Having regard to the facts and circumstances of the case and considering the nature of the allegations, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in Crime No.15/2022 of Chirayinkeezhu Excise Range Office, Thiruvananthapuram district, subject to the following conditions:-
(i) Petitioner shall execute 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 Arresting officer ;
(ii) Petitioner shall appear before the investigating officer in Crime No.15/2022 of Chirayinkeezhu Excise Range Office, Thiruvananthapuram district as and when summoned to do so;
(iii) 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.15/2022 of Chirayinkeezhu Excise Range Office, Thiruvananthapuram district may file an application before the jurisdictional Court, for cancellation of bail.