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Judgment
11 paragraphs · 377 wordsC.Jayachandran, J
The sole accused in Crime No.54/2021 of the Excise Range, Nileshwar is the petitioner in this application for regular bail. The offences alleged are under Sections 8(1), read with Section 8(2) of the Kerala Abkari Act.
The prosecution would allege that the petitioner was found in possession of 5 litres of arrack on 26.04.2021 at 11.30 a.m in a plastic can kept in a Honda Deo Scooter, near Velluda Solar Park, Ambalathukara, thus committing the offences enumerated above.
Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the records. This application was opposed by the learned Public Prosecutor.
Having heard the learned counsel appearing on both sides, this Court is inclined to allow this bail application. This Court takes stock of the fact that the petitioner was arrested on 20.04.2022 and he has been in the judicial custody for the past 27 days. As regards antecedents, learned Public Prosecutor only pointed out one case, i.e. Crime No.35/2019, for offence under Section 55(g) of the Kerala Abkari Act. Having regard to the nature and the quantity of the contraband seized in the instant crime, this Court is of the opinion that the antecedent above referred need not stand in the way of release of the petitioner.
In the result, this bail application is allowed and the petitioner is directed to be released on bail on execution of bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties, each for the like amount, to the satisfaction of the trial court, subject to the following conditions:
(i) He shall appear before the investigating officer on every Saturday between 10 a.m and 11 a.m for a period of two weeks and thereafter, once in a month for a period of two months and thereafter, as and when required by the investigating officer.
(ii) He shall not attempt to influence or intimidate the witnesses or tamper with evidence.
(iii) He shall not indulge himself in any other offence while on bail.
(iv) He shall not leave India, except with prior permission of the trial court.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to approach the trial court for cancellation of bail.