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Judgment
13 paragraphs · 368 wordsViju Abraham , J.
This is an application for regular bail.
Petitioner is sole accused in Crime No. 73/2022 of North Paravur Excise Range, Ernakulam District registered alleging commission of offences punishable under Sections 8(1) and (2), 55(g) and 67 B of the Abkari Act.
The prosecution case is that, on 22.10.2022 at 12 PM, the accused was found in possession of 1 litre of arrack from his motor cycle bearing Reg.No. KL-07/AH-4245 and on questioning the accused, 3 litres of arrack was found in a shed alleged to be in possession of the accused and thereby the accused has committed the alleged offences.
Petitioner submitted that he is totally innocent of the charges levelled against him and he is in custody from 22.10.2022. The petitioner submitted that investigation is practically over and his further detention is not required for the purpose of the investigation.
The learned Public Prosecutor opposed the application for bail mainly contending that petitioner is involved in three other cases of similar nature. The learned Public Prosecutor further submitted that the petitioner is aged and is suffering from cardiac issues and to substantiate the same, he has produced Annexure A2 Medical Certificate.
Considering the fact that the petitioner is in custody from 22.10.2022, 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 stringent 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) The petitioner shall appear before the investigating officer in Crime No. 73/2022 of North Paravur Excise Range on all Saturdays at 11.00 a.m. until further orders.
(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in the above said crime.
(iv) 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. 73/2022 of North Paravur Excise Range may file an application before the jurisdictional court, for cancellation of bail.