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Judgment
12 paragraphs · 354 wordsViju Abraham, J
This is an application for Regular Bail.
The petitioners are accused Nos.1 and 2 in Crime No.699/2022 of Bekal Police Station, Kasaragod alleging commission of offence punishable under Section 58 of the Abkari Act.
The prosecution allegation is that, on 14.09.2022 at 10.30 pm, in front of the concrete mixing plant at Cherkapara, accused Nos.1 and 2 were found exchanging a white bag seeing the police party they tried to escape and they were restrained and inspected. On inspection, they were found in possession of five litres of IMFL meant for sale in the State of Karnataka and thereby committed the aforesaid offence.
The learned counsel for the petitioners submitted that the petitioners are falsely implicated in the above said crime and they are in custody from 14.09.2022 onwards. It is further submitted that the petitioners have no other criminal antecedents.
The learned Public Prosecutor opposed the application for bail but submitted that the petitioners have no other criminal antecedents.
Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioners are in custody from 14.09.2022 and also that the petitioners have no other criminal antecedents, I am inclined to grant bail to the petitioners and it is ordered that the petitioners shall be released on bail on the following stringent conditions:
(i) The petitioners shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;
(ii) Petitioners shall appear before the investigating officer in Crime No.699/2022 of Bekal Police Station, Kasaragod on every Saturday at 11 am, and co-operate with the investigation;
(iii) The petitioners shall not attempt to interfere with the investigation or to influence any witness in Crime No.699/2022 of Bekal Police Station, Kasaragod;
(iv) The petitioners shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.699/2022 of Bekal Police Station, Kasaragod may file an application before the jurisdictional court, for cancellation of bail.