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Judgment
12 paragraphs · 358 wordsViju Abraham, J
This is an application for regular bail.
The petitioner is accused in Crime No.98/2022 of Hosdurg Excise Range, Kasaragod District alleging commission of offence punishable under Section 55(I) of the Kerala Abkari Act.
The prosecution allegation is that, on 18.07.2022 at 5.00 pm, the accused was found selling a bottle of liquor from a plastic sack at parakkalayi vayambu road in Kodom Belur. The plastic sack contained 34 bottles of 500 ml each, filled with IMFL having labels ‘Courier Napolean Gold brandy for sale in Kerala only’ on 22 bottles and ‘Honey Bee Indian brandy for sale in Kerala only’ on other bottles and thus the accused has committed the above offence.
4 .The learned counsel for the petitioner submitted that the petitioner is falsely implicated in the above said crime and that he has no other criminal antecedents. It is also submitted that the petitioner is in custody from 18.07.2022 onwards.
I have heard the learned Public Prosecutor also.
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 18.07.2022 onwards, 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 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.98/2022 of Hosdurg Excise Range, Kasaragod District 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.98/2022 of Hosdurg Excise Range, Kasaragod District;
(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.98/2022 of Hosdurg Excise Range, Kasaragod District may file an application before the jurisdictional court, for cancellation of bail.