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Judgment
13 paragraphs · 337 wordsViju Abraham, J.
This is an application for regular bail.
Petitioner is the sole accused in the Crime No.47 of 2022 of Kazhakuttom Excise Range registered alleging commission of offence punishable under Section 55(i) of the Abkari Act.
The prosecution case, in brief, is that on 01.06.2022 at about 9.30 a.m. the accused was found illegally possessing 24 litres of IMFL and selling it in front of Focus Tution Centre, Near Thonnackal Govt. Higher Secondary School, Melthonnackal Village and thereby committed the abovesaid offences.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
Learned counsel for the petitioner submitted that the petitioner is in custody from 01.06.2022 onwards and he has no other criminal antecedents.
The learned Public Prosecutor opposed the bail application and submitted that going by the prosecution allegation, it is seen that the petitioner was found in possession of 24 litres of IMFL which is in excess of the permissible quantity.
Having regard to the facts and circumstances of the case, considering the nature of the allegations and taking into consideration the fact that the petitioner is in custody from 01.06.2022 onwards and that he has no other criminal antecedents, I am inclined to grant bail to the petitioner on 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.47 of 2022 of Kazhakuttom Excise Range on every Saturday at 11.00 am, until filing of final report.
(iii) He shall not attempt to interfere with the investigation or to influence any witness in Crime No.47 of 2022, Kazhakuttom Excise Range.
(iv) 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.47 of 2022, Kazhakuttom Excise Range may file an application before the jurisdictional court, for cancellation of bail.