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Judgment
12 paragraphs · 390 wordsViju Abraham, J
This is an application for regular bail.
Petitioner is the sole accused in Crime No.94 of 2022 of Chalakkudy Excise Range Office, Thrissur District registered alleging commission of offences punishable under Sections 55(g) and 8(1) of the Kerala Abkari Act.
The prosecution allegation is that, on 19.09.2022 at 12.40 p.m. the excise party found 15 litres of arrack and 200 litres of wash from a house bearing No.IV/265 of Kadukutty Grama Panchayat, in violation of the provisions of the Kerala Abkari Act. Thus the accused has committed the abovesaid offences.
Petitioner submits that earlier he moved an anticipatory bail application which was rejected as per Annexure-2. Thereafter he surrendered before the investigating officer on 14.11.2022 and is in custody since then. Petitioner further submits that he has been falsely implicated in the abovesaid crime and is not involved in any other crimes.
Learned Public Prosecutor opposed the bail application mainly contending that petitioner is an employee of the Kerala State Electricity Board and he was found in possession of 15 litres of arrack and 200 litres of wash, but submitted that he is not involved in any other crimes.
Considering the facts and circumstances of the case and the period of detention from 14.11.2022 onwards and also taking note of the fact that petitioner is not involved in any other crimes, I am inclined to grant bail to the petitioner. 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 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.94 of 2022 of Chalakkudy Excise Range Office, Thrissur District on all Saturdays at 11.00 a.m. till the filing of the 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.94 of 2022 of Chalakkudy Excise Range Office, Thrissur District may file an application before the jurisdictional court, for cancellation of bail.