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Judgment
12 paragraphs · 349 wordsViju Abraham, J.
This is an application for Regular Bail.
The petitioner is the sole accused in Crime No.177/2022 of Kumbala Excise Range Office, Kasaragod alleging commission of offences punishable under Section 58 of the Abkari Act.
The prosecution allegation is that, on 08.11.2022 at 5.30 pm, the accused was found in possession of 5.31 litres of IMFL meant for sale in Karnataka in his scooter bearing Registration No.KL-14-V-6391 at Sharadha Nagar in Uppala Village and thereby committed the aforesaid offences.
The learned counsel for the petitioner submitted that the petitioner is arrested on 08.11.2022 and that he has been falsely implicated in the above said crime and the investigation is practically over and that further custodial interrogation of the petitioner is not required for the purpose of the investigation.
The learned Public Prosecutor opposed the application for bail mainly contending that the petitioner is involved in another crime of similar a nature registered as Crime No.167/2021 of Kumbala Excise Range.
Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioner is in custody from 08.11.2022, I am inclined to grant bail to the petitioner and it is ordered that the petitioner shall be released on bail on the following stringent 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.177/2022 of Kumbala Excise Range Office, Kasaragod as and when required by the investigating officer and shall co-operate with the investigation;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in Crime No.177/2022 of Kumbala Excise Range Office, Kasaragod ;
(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.177/2022 of Kumbala Excise Range Office, Kasaragod may file an application before the jurisdictional court, for cancellation of bail.