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Judgment
11 paragraphs · 362 wordsC.Jayachandran, J
In the instant application for regular bail, the petitioner is the accused in Crime No.59/2022 of the Excise Range, Hosdurg. The offence alleged is one under Section 58 of the Kerala Abkari Act.
The prosecution would allege that the petitioner was found in possession of 23 tetra sachets of Indian Made Foreign Liquor, each of 180 ml, meant for sale in the State of Karnataka on 26.04.2022 at 5 pm, thus committing the offence enumerated above.
Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the records. This application was opposed by the learned Public Prosecutor.
Having heard the learned counsel appearing on both sides, this Court is inclined to allow this bail application. This Court takes stock of the fact that the petitioner was in custody for the past 21 days, he having been arrested and remanded to custody on 26.04.2022. The contraband seized is 4.140 litres of Indian Made Foreign Liquor. The learned Public Prosecutor, upon instructions, would confirm that the petitioner has no criminal antecedents, whatsoever. Having regard to the nature and quantity of the contraband seized and in view of the fact that the petitioner has no criminal antecedents, this bail application is allowed.
The petitioner/accused is directed to be released on bail on execution of bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties, each for the like amount, to the satisfaction of the trial court, subject to the following conditions:
(i) He shall appear before the investigating officer on every Saturday between 10 am and 11 am for a period of two weeks and thereafter, once in a month for a period of two months and thereafter, as and when required by the investigating officer.
(ii) He shall not attempt to influence or intimidate the witnesses or tamper with evidence.
(iii) He shall not indulge himself in any other offence while on bail.
(iv) He shall not leave India, except with prior permission of the trial court.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to approach the trial court for cancellation of bail.