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Judgment
12 paragraphs · 340 wordsViju Abraham, J
This is an application for regular bail.
The petitioner is the sole accused in Crime No.122/2022 of Cherpulassery Excise Range, Palakkad District, alleging commission of offence punishable under Section 55(i) of the Abkari Act.
The prosecution allegation is that, on 12.11.2022, at 8 pm, at Karuvattur, the petitioner was found in possession of 1.5 litres of Indian Made Foreign Liquor, kept for the purpose of sale and thereby committed the above said offence.
4 .The learned counsel for the petitioner submitted that the petitioner is totally innocent of the charges levelled against him and that he has no other criminal antecedents. It is also submitted that the petitioner is in custody from 12.11.2022 onwards.
The learned Public Prosecutor though opposed the application for bail, submitted that the petitioner has no other criminal antecedents.
Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is in custody from 12.11.2022 onwards and that he has no other criminal antecedents, I am inclined to grant bail to the petitioner subject to conditions. 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 a sum of Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;
(ii) The Petitioner shall appear before the investigating officer in Crime No.122/2022 of Cherpulassery Excise Range, Palakkad District as and when required;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate any witness in Crime No.122/2022 of Cherpulassery Excise Range, Palakkad District;
(iv) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.122/2022 of Cherpulassery Excise Range, Palakkad District may file an application before the jurisdictional court, for cancellation of bail.