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Judgment
12 paragraphs · 346 wordsViju Abraham, J.
This is an application for regular bail.
Petitioner is the sole accused in Crime No.128 of 2022 of Excise Range Office, Mannarkkad registered alleging commission of offences punishable under Sections 55(i), 55(a) and 67B of the Kerala Abkari Act.
Prosecution case is that on 22.10.2022 at 9.20 p.m., at the left side of Kanjirappuzha-Chirakkalpadi road, opposite to the Indian Oil Pump at Kanjiram Theater Junction in Kanjiram desom at Pottassery Village in Mannarkkad Taluk, the Circle Inspector of Excise, Mannarkkad and party detected that the accused is in illegal possession of 25 litres of IMFL and was illegally transporting the same using an Activa 4G Honda scooter bearing registration No.KL-50/F-8205 and thus the accused has committed the abovesaid offence.
Petitioner submits that he is in custody from 27.10.2022 onwards and that he has been falsely implicated in the abovesaid crime.
Learned Public Prosecution opposed the application for bail mainly contending that the petitioner is involved in another similar offence registered as Crime No.44 of 2022 of Mannarkkad Excise Range, Palakkad.
Considering the facts and circumstances of the case and the period of detention, I am inclined to grant bail to the petitioner. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail subject to the following conditions:
(i) The petitioner shall execute a 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.
(ii) He shall appear before the investigating officer in Crime No.128 of 2022 of Excise Range Office, Mannarkkad on all Saturdays at 11.00 a.m. until filing of final report.
(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.
(iv) He shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.128 of 2022 of Excise Range Office, Mannarkkad may file an application before the jurisdictional court, for cancellation of bail.