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Judgment
21 paragraphs · 344 wordsK.Haripal, J
1.This is an application filed under Section 439 of the Cr.P.C. moved by the sole accused in crime No.837/2021 of Adoor police station, which was
registered alleging offence punishable under Sections 8(1) and (2) and 55(g) of the Abkari Act, after seizing six litres of arrack from the possession of
the petitioner.
The learned counsel for the petitioner says that he has no criminal antecedents and that the investigation has progressed considerably.
The learned Public Prosecutor has submitted that along with 6 litres of arrack, he also carried some utensils in the auto-rickshaw and he was
arrested after intercepting the vehicle and since then is in judicial custody. Regarding the stage of investigation, it is submitted that it has progressed
considerably. He has no criminal antecedents. In the circumstances, there is no meaning in detaining him further.
The petitioner was arrested for the case on 12.06.2021. He is in custody for the last 14 days. Investigation has come to an advanced stage.
Therefore, the petition can be allowed.
In the result, the petitioner shall be released on bail on the following conditions:-
i)Â Â Â Petitioner shall execute 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)Â Â Â He shall not try to contact or influence the witnesses or tamper with evidence;
iii)Â Â Â He shall not leave the country without leave of the jurisdictional court;
iv)Â Â Â He shall not involve in any crime during the period on bail;
v)Â Â Â He shall appear before the Investigating Officer/trial Court as and when required;
vi)Â Â Â He shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of
Covid 19 pandemic;
vii)Â Â Â If any of the above conditions are violated by the petitioner, the jurisdictional court will be a liberty to cancel the bail in accordance with law.
This bail application is allowed as above.