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Judgment
12 paragraphs · 342 wordsViju Abraham, J
This is an application for regular bail.
The petitioner is the sole accused in Crime No.121/2022 of Kumbla Excise Range, Kasaragode, alleging commission of offence punishable under Section 58 of the abkari Act.
The prosecution allegation is that, on 5.8.2022 at 2.35 p.m., the accused was found transporting 8.64 litres of Indian Made Foreign Liquor and 9 litres of Beer meant for sale exclusively in the State of Karnataka in his Motor Cycle bearing Regn No. KL-14-N-6612, from near to Dharmathadka – Kanyala road in Bayar village and thus the accused is alleged to have committed the above said offence.
4 .The learned counsel for the petitioner submitted that the petitioner is in custody from 05.08.2022 onwards.
The learned Public Prosecutor opposed the bail application mainly contending that the petitioner is involved in another crime of similar nature.
Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 05.08.2022 onwards, I am inclined to grant bail to the petitioner subject to 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.25,000/- (Rupees twenty five 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.121/2022 of Kumbla Excise Range, Kasaragode on every Saturday at 11 am, as and when required;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.121/2022 of Kumbla Excise Range, Kasaragode;
(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.121/2022 of Kumbla Excise Range, Kasaragode may file an application before the jurisdictional court, for cancellation of bail.