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Judgment
12 paragraphs · 304 wordsThis is an application filed under Section 439 of the Code of Criminal Procedure.
The petitioner is the sole accused in Crime No.43 of 2021 Kollengode Excise Range Office. The offences alleged against the petitioner are punishable under Sections 58 and 67(B) of the Kerala Abkari Act.
The prosecution case is that on 2.4.2021, at 6.30 P.M., the petitioner was found transporting 3.750 litres of foreign liquor and 1.5 litres of beer in a Mahindra Bolero jeep bearing registration No.KL A 3443 at Govindapuram in contravention of the provisions of the Abkari Act.
The petitioner was arrested on 3.4.2021 and he has been in judicial custody since then.
Heard the learned counsel for the petitioner and the learned Pubic Prosecutor.
The learned counsel for the petitioner submitted that the petitioner is innocent and that he has been falsely implicated in the crime.
Considering the stage of the investigation and the tenure of judicial custody undergone by the petitioner, I feel that this is a fit case where bail can be granted to the petitioner on conditions.
In the result, this Bail Application is allowed subject to the following conditions :
(a) The petitioner is ordered to 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 Wednesdays 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 for the prosecution.
(d) If any of the bail conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in accordance with law.