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Judgment
28 paragraphs · 239 wordsThe petitioner herein is the sole accused in
Crime No.259 of 2017 of the Karunagappally Excise Range
registered under Section 55(i) of the Kerala Abkari Act.
He seeks regular bail under Section 439 of the Code of
Criminal Procedure. The application filed by him for regular
bail was dismissed by the learned Judicial First Class
Magistrate, Karunagappally on 10.10.2017. The petitioner
has been in judicial custody since 07.10.2017.
The prosecution case is that on 07.10.2017, the
petitioner was found possessing 800 ml of Indian Made
Foreign Liquor for illicit sale. The quantity being within
permitted limits, it is a matter for decision on trial whether
the said quantity was possessed by the petitioner for illicit
sale or for own consumption.
On a perusal of the materials, I find that
investigation is practically over. Continued detention of the
petitioner is felt not necessary in the above circumstances.
In the result, this application for bail is allowed. The
petitioner will be released on bail on his executing a bond
with two solvent sureties for 30,000/- (Rupees Thirty
thousand only) each to the satisfaction of the court below
having jurisdiction. Bail is granted on condition that;
a. The petitioner shall report before the
Investigating Officer between 10.00 am and 11 a.m on all
Mondays for six weeks.
b. The petitioner shall not involve in any offence
punishable under the Kerala Abkari Act till trial of the case
is over.