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Judgment
12 paragraphs · 300 wordsViju Abraham, J
This is an application for regular bail.
Petitioner is the sole accused in Crime No.123 of 2022 of Badiadka Excise Range, Kasaragod registered alleging commission of offence punishable under Section 58 of the Kerala Abkari Act.
The prosecution allegation is that on 12.12.2022 at 2.10 p.m. the accused was found in possession of 276.48 litres of IMFL meant for sale in Karnataka only near the house bearing No.VII/210 situated in Kumbadaje Village. Thus the petitioner has committed the abovesaid offence.
Petitioner submits that he has been falsely implicated in the abovesaid crime and that he is in custody from 21.12.2022 onwards.
Learned Public Prosecutor opposed the application for bail mainly contending that the petitioner was found in possession of 276.48 litres of IMFL meant for sale in Karnataka only and that he is involved in seven other cases.
Considering the facts and circumstances of the case and the fact that the petitioner is in custody from 21.12.2022 onwards, I am inclined to grant bail to him on the following conditions:
(i) 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.123 of 2022 of Badiadka Excise Range, Kasaragod on all Saturdays at 11.00 a.m. till the filing of charge sheet.
(iii) He shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.
(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.123 of 2022 of Badiadka Excise Range, Kasaragod may file an application before the jurisdictional court, for cancellation of bail.