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Judgment
12 paragraphs · 352 wordsViju Abraham, J
This is an application for regular bail.
The petitioners are the accused Nos.1 and 2 in Crime No.100 of 2022 of Vatakara Police Station, alleging commission of offences punishable under Section 58 of Abkari Act.
The prosecution allegation is that on 20.06.2022 at 3 pm., near Chombala Service Co-operative bank, Azhiyur, the petitioners Were found transporting 180 litres of IMFL, which is meant for sale in Puthuchery only in an Ape Autorickshaw bearing Registration No.KL-13-AA-7850 and thereby committed the aforesaid offences.
Learned counsel for the petitioner submitted that the petitioners were arrested on 20.6.2022 and they are in custody since then. Learned counsel further submitted that the petitioners have no other criminal antecedents.
Learned Public Prosecutor upon instructions submitted that the petitioners attempted to transport 180 litres of IMFL, intended to be sold only in Puthuchery, but submitted that they have no other criminal antecedents.
Having regard to the facts and circumstances of the case and the nature of the allegations, the petitioners are in custody from 20.06.2022 onwards and they have no other criminal antecedents, I am inclined to grant bail to the petitioners subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:
(i) The petitioners shall execute a 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.100 of 2022 of Vatakara Police Station, as and when called for.
(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.100 of 2022 of Vatakara Police Station,
(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.100 of 2022 of Vatakara Police Station, may file an application before the jurisdictional court, for cancellation of bail.