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Judgment
17 paragraphs · 281 wordsK.Haripal, J
Petitioner, the 1st accused in Crime No.1322 of 2021 of Aryanad Police Station has moved for his release on bail under Section 439 Cr.P.C. He
was arrested on 16.06.2021 in the said crime, registered under Section 8(1) and 8(2) of the Abkari Act. The allegation is that he along with another
was found in illegal possession of 7.5 litres of arrack. He was arrested along with the contraband and since then he is in judicial custody.
I heard counsel on both sides.
The learned Public Prosecutor has submitted that the petitioner has no criminal antecedents. The contraband has already been taken into custody;
investigation has progressed considerably; merely for the reason that the other accused has not been apprehended, he cannot be detained further.
Therefore, the petitioner shall be released on bail on the following conditions:-
i)The petitioner shall execute a 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)He shall not try to contact or influence the witnesses or tamper with evidence. iii)He shall not leave the country without permission of
the jurisdictional court; iv)He shall not involve in any crime during the period on bail;
v)He shall appear before the Investigating Officer/trial Court as and when required;
vi)The petitioner 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)If any of the above conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in accordance with law.
This bail application is allowed as above.