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Judgment
12 paragraphs · 354 wordsViju Abraham, J.
This is an application for regular bail.
The petitioner is the sole accused in Crime No.608/2022 of Vellarikundu Police Station, Kasaragod District, alleging commission of offences punishable under Sections 55(i) and 13 r/w Section 63 of Kerala Abkari Act.
The prosecution allegation is that, on 01.11.2022 at 13.00 hrs, at Belal Village, Vellarikkundu, the accused was found selling liquor from a parked auto rickshaw bearing Reg. No.KL 60 and he was also found in possession of 8 litres of IMFL (16 bottles) and Rs.3,690/- and thus the accused has committed the aforesaid offences.
4 .The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime. It is also submitted that the petitioner is in custody from 01.11.2022 onwards.
The learned Public Prosecutor though opposed the application for bail, submitted that the petitioner is not involved in any other crime.
Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 01.11.2022 onwards and that he has no other criminal antecedents, I am inclined to grant bail to the petitioner subject to conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:
(i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;
(ii) The Petitioner shall appear before the investigating officer in Crime No.608/2022 of Vellarikundu Police Station, Kasaragod District as and when required;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.608/2022 of Vellarikundu Police Station, Kasaragod District;
(iv) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.608/2022 of Vellarikundu Police Station, Kasaragod District may file an application before the jurisdictional court, for cancellation of bail.