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
10 paragraphs · 277 wordsC.Pratheep Kumar, J
This is an application for regular bail filed under Section 439 Cr.P.C by the sole accused involved in Crime No.133 of 2023 of the Chalakudy Excise Range, Thrissur District. The offences alleged against the petitioner are under Sections 55(i), 13 and 63 of the Abkari Act.
The Prosecution case is that on 14.12.2023 at about 8.10 p.m., the petitioner was found in possession of 18 litres of Indian Made Foreign Liquor near the beverages Corporation, Chalakudy and was arrested by the de facto complainant. The accused has been in custody since 14.12.2023.
According to the learned counsel for the petitioner, this is a false case foisted against him and also that he is innocent.
On the other hand, the learned Public Prosecutor opposed the application. However it was conceded that there is no other case against the petitioner.
Considering the fact that the petitioner is in custody since 14.12.2023 and there is no criminal antecedents against the petitioner, I am inclined to allow this application, subject to the following conditions :-
(i) The petitioner is released on bail on executing bond for Rs.50,000/- (fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Court below.
(ii) The petitioner shall report before the Investigating Officer on every Tuesday between 10.00 am and 11.00 am till the final report is filed or till the end of January, 2024, whichever is earlier.
(iii) The petitioner shall co-operate with the investigation. He shall not intimidate or influence the witnesses or tamper with the evidence.
(iv) The petitioner shall not involve himself in similar offence while on bail.