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Judgment
22 paragraphs · 380 wordsShircy V., J
Application for regular bail filed under Section 439 of the Code of Criminal Procedure.
The petitioners are the accused Nos.1 to 3 in Crime No.494 of 2021 of Pattambi Police Station registered for the offences punishable under Section
55(i) of the Kerala Abkari Act.
The prosecution allegation is that on 28.7.2021 at about 18:15 hours the petitioners were found in possession of 44 bottles of Indian Made Foreign
Liquor by the respondent, having a total quantity of 24 ½ litres kept for the purpose of sale, in contravention of the provisions of the Kerala Abkari
Act and thereby they have committed the aforesaid offences.
Heard the learned counsel for the petitioners as well the learned Public Prosecutor.
The learned counsel for the petitioners has submitted that they are totally innocent of the allegations levelled against them. In fact the contraband
was seized by the police officials from a nearby property. It is also submitted that they have no connection with the contraband. Still they are
undergoing incarceration right from the date of arrest.
The learned Public Prosecutor has submitted that the investigation of the case is well in progress.
Considering the quantity of the contraband involved, the present stage of investigation as well the fact that these petitioners have no criminal
antecedents, I am inclined to enlarge them on bail subject to the following conditions.
(i) The petitioners shall be released on bail on executing 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 petitioners shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.
(iii) The petitioners 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 petitioners shall not commit any offence while on bail.
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In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.