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Judgment
13 paragraphs · 283 wordsK.Babu, J
This is an application filed under Section 439 of the Code of Criminal Procedure.
The petitioner is the sole accused in Crime No.333 of 2022 of Kasaragod Police Station. The offence alleged against the petitioner is punishable under Section 58 of the Kerala Abkari Act.
The prosecution case is that on 30.03.2022 at 08.15 pm, the petitioner was found in possession of 10.800 litres of IMFL( 60 tetra packets of 180 Ml meant for sale in the State of Karnataka only).
The petitioner was arrested on 30.03.2022 and he has been in judicial custody since then.
Heard the learned counsel for the petitioner and the learned Pubic Prosecutor.
The learned counsel for the petitioner, submitted that the petitioner is innocent of the allegations levelled against him and he has been falsely implicated in the crime.
The learned Public Prosecutor opposed the bail plea.
Considering the stage of the investigation and the tenure of judicial custody undergone by the petitioner, I feel that this is a fit case where bail can be granted to the petitioner on conditions.
In the result, this Bail Application is allowed as follows :
(a) The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the court below.
(b) He shall appear before the Investigating Officer on all Mondays between 10 A.M. and 11 A.M. for a period of three months or till the final report is filed, whichever is earlier.
(c) He shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.