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Judgment
12 paragraphs · 325 wordsViju Abraham, J
This is an application for Regular Bail.
The petitioners are accused Nos.1 and 2 in Crime No.196/2022 of Agali Excise Range Office, Palakkad alleging commission of offences punishable under Sections 8 (1) and 8(2) of the Kerala Abkari Act.
The prosecution allegation is that, on 30.11.2022 at about 9.10 am, the accused persons were found in transportation of 7 litres of arrack and thereby the accused have committed the aforesaid offences.
The learned counsel for the petitioners submitted that, the petitioners are falsely implicated in the above said crime and they are in custody from 30.11.2022 onwards. It is further submitted that the petitioners have no other criminal antecedents.
The learned Public Prosecutor though opposed the application for bail but submitted that the petitioners have no other criminal antecedents.
Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioners have no other criminal antecedents, I am inclined to grant bail to the petitioners and it is ordered that the petitioners shall be released on bail on the following stringent conditions:
(i) The petitioners shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court ;
(ii) Petitioners shall appear before the investigating officer in Crime No.196/2022 of Agali Excise Range Office, Palakkad on every Saturday at 11 am till the final report is filed and shall co-operate with the investigation;
(iii) The petitioners shall not attempt to interfere with the investigation or to influence any witness in Crime No.196/2022 of Agali Excise Range Office, Palakkad ;
(iv) The petitioners shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.196/2022 of Agali Excise Range Office, Palakkad may file an application before the jurisdictional court, for cancellation of bail.