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Judgment
12 paragraphs · 335 wordsViju Abraham , J.
This is an application for regular bail.
Petitioner is the sole accused in Crime No.104 of 2022 of Badiadka Excise Range, Kasaragod registered alleging commission of offence punishable under Section 58 of the Kerala Abkari Act.
Prosecution allegation is that on 31.10.2022 at 6.00 p.m., the petitioner was found in possession of 16 litres of IMFL meant for sale in Karnataka and thus the accused has committed the abovesaid offence.
Petitioner submits that he is in custody from 31.10.2022 onwards and that he has been falsely implicated in the abovesaid crime.
Learned Public Prosecutor opposed the application for bail mainly contending that a total quantity of 16 litres of IMFL was seized from the possession of petitioner which is meant for sale in Karnataka. The learned Public Prosecutor upon instructions submitted that the petitioner is involved in yet another case of similar nature.
Considering the facts and circumstances of the case and the nature of allegations and also taking note of the fact that the petitioner is in custody from 31.10.2022 onwards, I am inclined to grant bail to the petitioner. 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 a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.
(ii) He shall appear before the investigating officer in Crime No.104 of 2022 of Badiadka Excise Range, Kasaragod on all Saturdays at 11.00 a.m. until filing of final report.
(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.
(v) He shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.104 of 2022 of Badiadka Excise Range, Kasaragod may file an application before the jurisdictional court, for cancellation of bail.