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Judgment
13 paragraphs · 336 wordsBechu Kurian Thomas, J
This is an application for regular bail under section 439 of the Code of Criminal Procedure 1973.
Petitioner is the 3rd accused in Crime No.53 of 2023 of Cherpulassery Excise Range Office, Palakkad, alleging offences under Section 55(a) of the Abkari Act, 1077.
According to the prosecution, on 10.06.2023, at about 3.00 p.m., the first accused was found in possession of 3 litres of illicit liquor transporting it in an autorickshaw and accused 2 and 3 delivered the said liquor to the first accused and thereby all of them committed the offences alleged.
I have heard Sri.P.M.Mohamed Sabah, the learned counsel for the petitioner as well as Sri.P.G.Manu, the learned Public Prosecutor.
Petitioner is the 3rd accused who is alleged to have delivered the contraband to the first accused from whose possession 3 litres of contraband liquor was seized while he was transporting it in an autorikshaw. Petitioner was arrested on 10.06.2023 and has been in custody since then. Having regard to the period of detention already undergone, I am of the view that petitioner can be released on bail on conditions.
Accordingly, I allow this application on the following conditions :-
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.