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Judgment
13 paragraphs · 389 wordsViju Abraham, J.
This is an application for regular bail.
The petitioner is the sole accused in Crime No.172/2022 of Sasthamcotta Excise Range Office, Kollam District, alleging commission of offences punishable under Sections 8(1), 8(2) and 55(g) of the Kerala Abkari Act.
The prosecution allegation is that, on 08.11.2022, at 11.30 am, while the Excise Range Inspector along with his team was on patrol duty, found the accused handling 800 ml of arrack and 25 litres of wash in a shed in his property and thus the accused has committed the aforesaid offences.
4 .The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the above said crime. It is also submitted that the petitioner is in custody from 08.11.2022 onwards and that he has no other criminal antecedents.
The learned Public Prosecutor opposed the application for bail mainly contending that 800 ml of arrack and 25 litres of wash were seized from the shed in the property of the petitioner. It is also submitted that the petitioner 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 08.11.2022 onwards, I am inclined to grant bail to the petitioner subject to 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 a 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.172/2022 of Sasthamcotta Excise Range Office, Kollam District 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 any witness in Crime No.172/2022 of Sasthamcotta Excise Range Office, Kollam District;
(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.172/2022 of Sasthamcotta Excise Range Office, Kollam District may file an application before the jurisdictional court, for cancellation of bail.