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Judgment
14 paragraphs · 344 wordsViju Abraham, J
This is an application for regular bail.
The Petitioner is the sole accused in Crime No. 1134/2022 of Chandera Police Station, Kasargod District alleging commission of offence punishable under Section 55(i) of the Kerala Abkari Act.
. The prosecution allegation is that, on 30-12-2022 at 12.25 hours, Excise Officials intercepted the petitioner and he was found in possession of 4.5 litres of Indian Made Foreign Liquor meant for sale only in Karnataka from the house wherein he is residing along with his family and thereby the accused has committed the alleged offence.
The petitioner submitted that he was arrested on 30.12.2022 and that he was falsely implicated in the above said crime. Petitioner further submitted that he has no other criminal antecedents.
The learned Public Prosecutor opposed the application for bail mainly contending that petitioner was found in possession of 4.5 litres of Indian Made Foreign Liquor, but submitted that he has no other criminal antecedents.
Heard the learned Public Prosecutor and the learned Counsel for the petitioner.
Considering the facts and circumstances of the case and nature of the allegation, 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.25,000/- (Rupees Twenty-Five Thousand only) 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. 1134/2022 of Chandera Police Station as and when required for investigation;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in the above said crime;
(iv) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No. 1134/2022 of Chandera Police Station, may file an application before the jurisdictional court, for cancellation of bail.