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Judgment
21 paragraphs · 363 wordsShircy V., J
Application for regular bail.
The petitioner who is the sole accused in Crime No.56 of 2020 of Alakode Excise Range Office, Kannur District registered for the offences
punishable under Sections 8(1) and 8(2) of the Kerala Abkari Act, has moved this application for his release on bail.
The prosecution allegation is that on 27.06.2020 at about 4.30 pm the Excise officials while conducting patrol duty found this petitioner in possession
of 4 litres of Country Made Liquor in contravention of the provisions of the Abkari Act and he was apprehended by them. Thereby, he has been
booked for the aforesaid offences.
The petitioner has been in custody since 30.07.2021.
Heard the learned counsel for the petitioner as well the learned Public Prosecutor.
The learned counsel for the petitioner would submit that he was falsely implicated in the case; actually he is totally innocent.
The learned Public Prosecutor has submitted that the petitioner has no criminal antecedents and now the investigation of the case is nearing
completion.
Considering the quantity of contraband involved in this case, the period of detention undergone by the petitioner in judicial custody, the present stage of
investigation as well the other facts and circumstances involved in this case, I am inclined to release him on bail subject to the following conditions :-
(i) The petitioner shall be released on bail on executing a 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) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(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 petitioners shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.