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Judgment
12 paragraphs · 361 wordsA.Badharudeen, J
This is an application for regular bail filed by the sole accused in crime No.28/2022 of Badiadka Excise Range, Kasargod.
Heard the learned Counsel for the petitioner as well as the learned Public Prosecutor.
Precise allegation of the prosecution is that, on 06.04.2022, at about 6 pm, the accused possessed 30 liter of Wash in a shed near to his house, against the provisions of the Kerala Abkari Act. He was nabbed red handedly and crime registered alleging commission of offence under Section 55(g) of the Kerala Abkari Act.
The learned Counsel for the petitioner pressed for granting regular bail, raising plea of absolute innocence. The learned Counsel also submitted that the petitioner has been in custody for the last 32 days and he has no criminal antecedence.
The learned Public Prosecutor also conceded that the petitioner has no criminal antecedence. On perusal of materials available, it could be noticed that the investigation has achieved maximum progress and further custody of the petitioner for the purpose of investigation is not necessary. Moreover, the petitioner is a first time offender. Therefore, the petitioner can be enlarged on bail on the following conditions:
i. The petitioner shall be released on bail on their executing bond for Rs.30,000/- (Rupees Thirty Thousand Only) each with two solvent sureties, each for the like amount to the satisfaction of the Magistrate Court concerned.
ii. The petitioner shall co-operate with COVID-19 restrictions.
iii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.
iv. The petitioner shall appear before the Investigating Officer as and when directed.
v. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.
vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported to came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.