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Judgment
13 paragraphs · 383 wordsViju Abraham , J.
This is an application for Regular Bail.
The petitioners arrayed as accused Nos. 1 and 2 in Crime No.928/2022 of Yerroor Police Station, Kollam, which is registered alleging commission of offences punishable under Sections 55(i) and 55(a) r/w Section 62 of the Abkari Act.
The prosecution allegation is that, on 03.10.2022 at about 07:5 p.m., the accused persons were found in possession of Indian Made Foreign Liquor for the purpose of sale. The accused persons were arrested and the contraband was seized.
I have heard the learned counsel appearing for the petitioners as well as the learned Public Prosecutor.
The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in the above said crime. It is further submits that the petitioners were arrested on 03.10.2022 and is in custody since then and that further detention of the petitioners are not required for the purpose of the investigation.
The learned Public Prosecutor opposed the bail application and upon instructions submitted that the petitioners were found in possession of 20.05 litres of Indian Made Foreign Liquor, which was kept for sale in an autorikshaw. It is also submitted that the petitioners are not involved in any other crime.
Having regard to the facts and circumstances of the case, taking into consideration the fact that the petitioners have no other criminal antecedents and the petitioners are in custody from 03.10.2022, I am inclined to grant bail to the petitioners but only on stringent conditions:
(i) The petitioners shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each, with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;
(ii) Petitioners shall appear before the investigating officer in Crime No.928/2022 of Yerroor Police Station, Kollam, on every Saturday at 11 a.m. until filing of final report;
(iii) The petitioners shall not attempt to interfere with the investigation or to influence any witness in Crime No.928/2022 of Yerroor Police Station, Kollam;
(iv) The petitioners shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No. 928/2022 of Yerroor Police Station, Kollam, may file an application before the Jurisdictional Court, for cancellation of bail.