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Judgment
13 paragraphs · 396 wordsViju Abraham , J.
These are applications for regular bail.
In B.A. No. 8103 of 2022, the petitioner is the sole accused in Crime No.173/2022 of Kasargod Excise Range, Kasargod District, alleging commission of offences punishable under Sections 58 and 67B of Abkari Act, on the prosecution allegation that the petitioner was found transporting 311.04 litres of IMFL meant for sale only in Karnataka and was arrested on 30.09.2022
Whereas in bail application No. 8263 of 2022, petitioner is the sole accused in Crime No. 46/2022 of Kumbala Excise Range alleging commission of offences punishable under Sections 58 and 67B of Abkari Act on the prosecution allegation that he was found transporting of 5.22 litres of IMFL meant for sale only in Karnataka and in this case his arrest was recorded on 12.10.2022.
The petitioner submitted that he has been falsely implicated in the above said crimes.
The learned Public Prosecutor opposed the application for bail mainly contending that petitioner is involved in two other cases of a similar nature.
Considering the fact that the petitioner is in custody from 30.09.2022 onwards, I am inclined to grant bail to the petitioner.
In the result, the bail application is allowed and it is ordered that the petitioner shall be released on bail on the following stringent conditions:
(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each in both crimes 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. 173/2022 of Kasargod Excise Range on all Saturdays at 11 am till filing of final report and he shall appear before the investigating officer in Crime No. 46/2022 of Kumbala Excise Range on all wednesdays at 11 am till filing of final report.
(iii) The petitioner shall not attempt to interfere with the investigations or to influence any witness in Crime No. 173/2022 of Kasargod Excise Range and Crime No. 46/2022 of Kumbala Excise Range.
(iv) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officers in Crime No. 173/2022 of Kasargod Excise Range and Crime No. 46/2022 of Kumbala Excise Range may file an application before the jurisdictional courts, for cancellation of bail.