Ratheesh A.V vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioner is the sole accused in Crime No.61 of 2021 of Payannur Excise Range, Kannur District registered for the offence punishable under

Section 58 of the Abkari Act.

The prosecution allegation is that on 05.05.2021 at about 6.40 pm the petitioner was found transporting 9 litres of Indian made foreign liquor in his

vehicle bearing register No.KL-86-3626 through a public road at Payannur for the purpose of sale in contravention of Provision of the Abkari Act by

the Excise Officials and thereby, he has committed the aforesaid offences.

The petitioner has been in custody since 26.05.2021.

According to the learned counsel for the petitioner he is totally innocent of the allegations levelled against him.

The learned Public Prosecutor has submitted that the investigation is well in progress and this petitioner is having no criminal antecedents.

Considering the quantity of contraband involved, the period of detention undergone by him in judicial custody, the present stage of investigation and the

other facts and circumstances involved in this case, I am inclined to release him on bail subject to the following conditions :-

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties for the like sum each

to the satisfaction of the court having jurisdiction.

(ii) He shall also appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him

from disclosing such facts to the  court or to any

police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

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In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.