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Judgment
13 paragraphs · 342 wordsShircy V, J
Application for regular bail.
The petitioner, the 1st accused in Crime No.133/2021 of Thrissur Excise Range Office registered for the offences punishable under Sections 8(1)(2) of the Kerala Abkari Act, has moved this application for his release on bail.
The petitioner has been in custody since 28.11.2021.
The prosecution allegation is that on 28.11.2021 at about 12.50 p.m, the excise officials found this petitioner along with the other accused in possession of 2.5 litres of illicit arrack, kept for the purpose of sale, in contravention of the provisions of the Abkari Act and thereby committed the aforesaid offences.
The learned counsel for the petitioner has submitted that he has been falsely implicated in the case. But he is undergoing incarceration since the date of his arrest.
The learned Public Prosecutor has no case that this petitioner is having any criminal antecedents. Now the investigation of the case has also progressed considerably.
Taking into account of the period of detention undergone by him in custody, the quantity of the contraband involved in this case and the other facts and circumstances involved, I am inclined to release him on bail subject to the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law.