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Judgment
12 paragraphs · 348 wordsViju Abraham, J.
This is an application for regular bail.
The petitioner is the sole accused in Crime No.137/2022 of Kottarakkara Excise Range, Kollam District, alleging commission of offence punishable under Section 55(i) of the Kerala Abkari Act.
The prosecution allegation is that, on 17.10.2022, at 6 pm, the accused was found engaged in the illegal sale of 800 ml. of Indian made Foreign Liquor, in the shop bearing No.VII/259 of Vettikkavala Grama Panchayat. Sale proceeds of Rs.100/- was also seized and thereby the accused has committed the above said offence.
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 18.10.2022 onwards.
The learned Public Prosecutor opposed the application for bail, but submitted that the petitioner has no other criminal antecedents.
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 18.10.2022 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.137/2022 of Kottarakkara Excise Range, Kollam 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.137/2022 of Kottarakkara Excise Range, Kollam 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.137/2022 of Kottarakkara Excise Range, Kollam District may file an application before the jurisdictional court, for cancellation of bail.