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Judgment
14 paragraphs · 370 wordsShircy V., J
Application for regular bail
The petitioner is the sole accused in Crime No.47/2021 of Excise Range, Mala, Thrissur District registered for the offences punishable under Sections 8(1) and 8(2) of the Kerala Abkari Act.
The petitioner has been in custody since 12.09.2021.
The prosecution allegation is that on 11.09.2021 at about 8.00 p.m, the petitioner was found transporting 10 litres of illicit arrack in his scooter bearing Reg.No.KL-45L-1370 by the excise officials and the vehicle was intercepted by them. On examination the contraband was found concealed in his scooter for sale and thus he has committed an offence, in contravention of the provisions of the Abkari Act. So, he was apprehended then and there and this case was registered against him.
The learned counsel for the petitioner would submit that, he is totally innocent of the allegations levelled against him.
According to the learned Public Prosecutor, the contraband was seized by the excise officials from his possession while he was transporting the same for sale in his vehicle. But it is submitted that the investigation of the case has progressed considerably and this petitioner has no criminal antecedents.
Having regard to the fact that this petitioner has no criminal antecedents and the investigation of the case has progressed considerably, I am inclined to release him on bail subject to the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer
for interrogation as and when required by him, in writing.
(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.