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Judgment
20 paragraphs · 377 wordsShircy V, J
Application for regular bail.
The petitioner is the second accused in Crime No.408 of 2021 of Mavelikkara Police Station registered for the offences punishable under Sections
8(1) and 8(2) r/w Section 55(g) of the Abkari Act.
The prosecution allegation is that on 23.05.2021, on getting reliable information the Mavelikkara Police conducted search in the residential house of
the first accused and he was found engaged in manufacturing of illicit liquor along with the second accused, who is the petitioner herein. The police
has seized 400 ml of arrack and 30 litres of black wash kept along with certain apparatus kept for the purpose of brewing illicit alcohol.
The petitioner has been in custody since 23.05.2021.
It is submitted by the learned counsel for the petitioner that he is an artist by profession and he has never been engaged with any illegal activity as
alleged by the prosecution. But he happened to be in residence of the first accused accidently and thus he has been booked for the said offences.
The learned Public Prosecutor has submitted that the investigation is well in progress and this petitioner is having no criminal antecedents.
Having regard to the nature of accusation levelled against this petitioner, 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.1,00,000/-(Rupees one lakh 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.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.