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Judgment
12 paragraphs · 381 wordsViju Abraham, J.
This is an application for regular bail.
The petitioner is the sole accused in Crime No.1482/2022 of Sasthamcotta Police Station alleging commission of offences punishable under Sections 55(a) and (i) of the Kerala Abkari Act.
The prosecution allegation is that, on 01.10.2022 at 3.30 pm, at Idavanassery Muri in Mynagappally Village, while the police officials of Sasthamcotta Police Station were conducting patrol duty, the accused was found in possession of 7.180 litres of Indian Made Foreign Liquor along with a glass temblor at the veranda of Vazhottu Tharayil House near Udaya Junction, kept for the purpose of sale. The police party also seized the glass used to vend the same and the sales proceeds of Rs.860/- from the possession of the accused and thereby the accused has committed the above said offence.
4 .The learned counsel for the petitioner submitted that the petitioner has no other criminal antecedents. It is also submitted that the petitioner is in custody from 01.10.2022 onwards.
The learned Public Prosecutor though opposed the application for bail, but submitted that the petitioner has no other criminal antecedents.
Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 01.10.2022 onwards and he has no other criminal antecedents, I am inclined to grant bail to the petitioner subject to conditions. 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 a sum of Rs.25,000/- (Rupees twenty five 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.1482/2022 of Sasthamcotta Police Station as and when required;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.1482/2022 of Sasthamcotta Police Station;
(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.1482/2022 of Sasthamcotta Police Station may file an application before the jurisdictional court, for cancellation of bail.