AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
24 paragraphs · 404 wordsShircy V, J
Application for regular bail filed under Section 439 of the Code of Criminal Procedure.
The petitioner is the sole accused in Crime No.215 of 2021 of Payyanur Police Station registered for the offences punishable under Sections
58,55(a), 55(i) of the Abkari Act.
3.  He has been in custody since 18.5.2021.
The allegation is that on 17.5.2021 at 15.55 hours the excise officials found the petitioner in possession of Indian Made Foreign Liquor in 97 plastic
bottles with 750 ml each, in contravention of the provisions of the Abkari Act, which was meant for sale in Karnataka State only. Thereby he has
committed the aforesaid offences.
Heard the learned counsel for the petitioner as well the learned Public Prosecutor.
The learned counsel for the petitioner has submitted that this petitioner is totally innocent of the allegations levelled against him. It is also submitted
that he is suffering from severe ailments. His wife and children alone are left in his residential house. Because of the unnecessary arrest his wife is
also suffering to pull on their life. Hence, this application.
The learned Public Prosecutor has fairly submitted that the investigation of the case is well in progress.
Having regard to the quantity of the contraband involved, the period of detention undergone by the petitioner in judicial custody and the present
pandemic situation of our country, I am inclined to release him on bail subject to the following conditions.
(i) The petitioner shall be released on bail on his executing 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 on all Fridays between 10.a.m and 12 noon or till filing of the final report or for a period
of two months, whichever is earlier.
(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.
Â
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.