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Judgment
21 paragraphs · 308 wordsK. Haripal, J
Petitioner, the first accused in crime No.191/2021 of Kalpakanchery police station, has moved this application under Section 439 of the Cr.P.C.
seeking his release on bail.
It is pointed out that he was arrested along with 8.50 litres of Indian made foreign liquor in front of the K.P.Stores on the Vailathoor-Vattathani
public road. The learned counsel submits that he has no criminal antecedents.
The learned Public Prosecutor has stated that he was arrested along with the contraband while he was selling it to the 2nd accused and an amount
of Rs.12,800/-, which is the sale proceeds, also was recovered from his possession. Whatever it may be, he is in custody for the last 24 days, that is,
from 17.06.2021 onwards. The petitioner does not have any criminal antecedents. In the nature of the allegations, since the investigation has advanced
considerably, his continued detention is not warranted.
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Therefore, the petitioner shall be released on bail on the following conditions:-
i) Petitioner shall execute 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 not try to contact or influence the witnesses or tamper with evidence;
iii) He shall not leave the country without leave of the jurisdictional court;
iv) He shall not involve in any crime during the period on bail;
v) He shall appear before the Investigating Officer/trial court as and when required;
vi) He shall strictly abide the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19
pandemic;
vii) If any of the above conditions are violated by the petitioner, the jurisdictional court will be a liberty to cancel the bail in accordance with law.
This bail application is allowed as above.
