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Judgment
12 paragraphs · 370 wordsViju Abraham, J.
This is an application for Regular Bail.
The petitioner is the 1st accused in Crime No.126/2022 of Chengannur Excise Range, Alappuzha alleging commission of offences punishable under Sections 8(1), 8(2) and Section 55(g) of the Kerala Abkari Act.
The prosecution allegation is that, on 02.10.2022 at 12.55 am, the accused was found in possession of 30 litres of arrack and 40 litres of wash in a paddy field near Thnuvelilpadi junction and thereby committed the aforesaid offences.
The learned counsel for the petitioner submitted that the petitioner is falsely implicated in the above said crime and he is in custody from 02.10.2022 onwards and also submitted that his further detention is not necessary for the purpose of the investigation. It is further contended that the petitioner has no other criminal antecedents.
The learned Public Prosecutor opposed the application for bail mainly contending that 30 litres of arrack and 40 litres of wash was found in possession of the petitioner but submitted that the petitioner has other criminal antecedents.
Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody from 02.10.2022 and also that the petitioner has no other criminal antecedents, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent conditions:
(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court ;
(ii) Petitioner shall appear before the investigating officer in Crime No.126/2022 of Chengannur Excise Range, Alappuzha on every Saturday at 11 am till the final report is filed and shall co-operate with the investigation;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.126/2022 of Chengannur Excise Range, Alappuzha ;
(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.126/2022 of Chengannur Excise Range, Alappuzha may file an application before the jurisdictional court, for cancellation of bail.