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Judgment
12 paragraphs · 360 wordsViju Abraham, J
This is an application for regular bail.
The petitioner is the sole accused in Crime No.44/2021 of Udumbanchola Excise Range, alleging commission of offence punishable under Section 55(g) of the Kerala Abkari Act.
The prosecution allegation is that, the petitioner has kept 320 Litres of wash and utensils for making Arrack in the landed property possessed by one Mr.Bineesh Ullattil in Govindan Estate at Rajakumari, Idukki on 31.03.2021 and thus the accused has committed the aforesaid offence.
The learned counsel for the petitioner submitted the petitioner is in custody from 17.08.2022 onwards. It is also submitted that the petitioner has been falsely implicated in the above said crime and that he has no other criminal antecedents.
The learned Public Prosecutor opposed the application for bail mainly contending that a large quantity of contraband was seized from the possession of the petitioner, but submitted that he has no other criminal antecedents.
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 17.08.2022 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.44/2021 of Udumbanchola Excise Range on every Saturday at 11 am, until filing of final report;
(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.44/2021 of Udumbanchola Excise Range;
(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.44/2021 of Udumbanchola Excise Range may file an application before the jurisdictional court, for cancellation of bail.