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Judgment
The petitioner herein is the sole accused in Crime
No.166/2017 of the Kumbla Excise Range, registered under
Section 58 of the Kerala Abkari Act and under Section 437
of the Code of Criminal Procedure. He seeks regular bail
under Section 439 of the Code of Criminal Procedure. The
application filed by him for regular bail was dismissed by
the learned Judicial First Class Magistrate Court-I,
Kasaragod on 16.09.2017 The petitioner has been in
judicial custody since 03.10.2017.
The prosecution case is that on 03.10.2017 at
about 11.30 a.m, the petitioner was found possessing 3.6
litres of Indian made Foreign Liquor brought from
Karnataka for sale here. He was arrested on the spot and
the quantity of liquor was seized as per a mahazar.
On a perusal of the materials, I find that
investigation is practically over. It is a matter for
examination whether the liquor involved is Karnataka
liquor or whether it was brought here for sale. Anyway, no
other crime of similar nature is seen reported against the
petitioner. I feel that the petitioner can be granted bail on
conditions.
In the result, this application for bail is allowed. The
petitioner will be released on bail on his executing a bond
with two solvent sureties for 40,000/- (Rupees Fourty
thousand only) each to the satisfaction of the court below
having jurisdiction. Bail is granted on condition that;
a. The petitioner shall report before the
Investigating Officer between 10.00 am to 11 a.m on all
Saturdays for a period of two months.
b. The petitioner shall not leave the jurisdictional
limits of the Kumbla Excise Range for two months.
c. The petitioner shall not involve in any offence
under the Kerala Abkari Act till trial of the case is over.