AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
13 paragraphs · 275 wordsK.Babu, J
This is an application filed under Section 439 of the Code of Criminal Procedure.
The petitioner is the accused in Crime No.65/2020 of Kasaragod Excise Range. The offence alleged against the petitioner is punishable under Section 58 of the Abkari Act I of 1077.
The prosecution case is that the petitioner, on 15.06.2020, was found in possession of 17.28 litres of Indian Made Foreign Liquor meant for sale in the State of Karnataka near Peace Public School in Shiribagilu Village.
The petitioner was arrested on 22.03.2022 and has been in judicial custody since then.
Heard the learned counsel for the petitioner and the learned Pubic Prosecutor.
The learned Public Prosecutor opposed the Bail Plea of the petitioner stating that he has criminal antecedents.
The learned counsel for the petitioner submitted that as the investigation is almost over, further detention of the petitioner is not required.
Considering the stage of the investigation and the tenure of the judicial custody undergone by the petitioner, I am of the view that the petitioner is entitled to be released on bail on conditions.
In the result, this Bail Application is allowed as follows:
(a) The petitioner shall be released on bail on his executing 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.
(b) He shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 11 a.m. till the final report is filed.
(c) He shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.