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Judgment
12 paragraphs · 383 wordsViju Abraham, J
This is an application for regular bail.
The petitioner is the sole accused in Crime No.78/2022 of Kumbla Excise Range Office, Kasaragod, alleging commission of offence punishable under Section 8(1) r/w Section 8(2) of the Kerala Abkari Act.
The prosecution allegation is that, on 24.05.2022 at about 11.30 am, the accused was found in possession of 23.4 Liters of Indian made foreign liquor intended for sale in the State of Karnataka and 2.25 liters of arrack in the house bearing No.IX/144 situated in Paivalige Grama Panchayat, thereby the accused committed the above offence.
4 .The learned counsel for the petitioner submitted that the petitioner was arrested on 24.05.2022 and that he is continuing in custody. It is also submitted that the petitioner was falsely implicated in the said crime and he has no other criminal antecedents.
The learned Public Prosecutor opposed the application for bail, but submitted that the petitioner is not involved in any other crimes.
Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is a first time offender and he is in custody from 24.05.2022 onwards, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:
(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;
(ii) Petitioner shall appear before the investigating officer in Crime No.78/2022 of Kumbla Excise Range Office, Kasaragod on every Saturday at 11 am, until filing of final report;
(iii) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;
(iv) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.78/2022 of Kumbla Excise Range Office, Kasaragod may file an application before the jurisdictional court, for cancellation of bail.