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Judgment
13 paragraphs · 249 wordsK. Babu, J
This is an application filed under Section 439 of the Code of Criminal Procedure.
The petitioner is the sole accused in Crime No.97/2022 of Vatanapilly Excise Range Office. The offence alleged against the petitioner is punishable under Section 8(2) of the Abkari Act.
The prosecution case is that on 06.10.2022 at 1.30 P.M, the petitioner was found transporting four liters of arrack.
The petitioner was arrested on 06.10.2022 and has been in judicial custody till 20.10.2022.
Heard the learned counsel for the petitioner and the learned Pubic Prosecutor.
The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in the crime.
The learned Public Prosecutor opposed the bail plea of the petitioner.
Considering the stage of the investigation and the tenure of judicial custody undergone by the petitioner, I am of the view that the petitioner is entitled to be released on bail on conditions.
In the result, this Bail Application is allowed as follows :
(a) The petitioner shall be released on bail on his executing 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.
(b) He shall appear before the Investigating Officer on all Mondays between 10 A.M. and 11 A.M. till the final report is filed.
(c) He shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.