AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
14 paragraphs · 354 wordsShircy V, J
Application for regular bail.
The petitioner is the accused in Crime No. 56 of 2021 of Excise Range Office, North Paravur, Ernakulam District registered for the offence punishable under Section 55(i) of the Kerala Abkari Act.
The petitioner has been in custody since 29.08.2021.
The prosecution allegation is that on 29.08.2021, at about 10.30 p.m., the petitioner was found in possession of 7.5 litres of Indian made foreign liquor kept for sale, at a place near the courtyard of House No.24/112 of Paravur Municipality in contravention of the provisions of the Kerala Abkari Act and thereby he was booked for the said offences.
The learned counsel for the petitioner submits that he is totally innocent, but he has been falsely implicated in the case by the excise officials.
The learned Public Prosecutor on instruction submits that this petitioner has no criminal antecedents and the investigation is well in progress.
Having regard to the nature of the accusations levelled against this petitioner, the quantity of the contraband involved, the period of detention undergone by him in custody, and also the fact that he is having no criminal antecedents, I am inclined to release him on bail.
Therefore, this application is allowed subject to the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.