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Judgment
15 paragraphs · 359 wordsBechu Kurian Thomas, J
This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
Petitioner is the second accused in Crime No.464 of 2023 of Chandera Police Station alleging offences under Section 55(i) of the Abkari Act, 1077.
The prosecution case is that, on 11.05.2023 the accused was found in possession of 7 litres of Indian Made Foreign Liquor (IMFL) carried in an autorikshaw for the purpose of sale, and thereby committed the offences.
Sri.A.Arun Kumar, the learned counsel for the petitioner submitted that the entire prosecution allegations are false and that the incident as alleged had never occurred. It was further submitted that petitioner was arrested on 11.05.2023 and that he has been in custody since then.
Sri.P.G.Manu, the learned Public Prosecutor, opposed the grant of bail and submitted that even though there are no criminal antecedents against the petitioner, since the offence alleged against the petitioner is serious in nature and releasing him on bail would cause great prejudice to the investigation, and therefore, the application ought to be rejected.
I have considered the rival contentions.
Having regard to the period of detention already undergone, apart from the absence of any criminal antecedents, I am of the view that petitioner ought to be set at liberty on the following conditions:
Accordingly, this bail application is allowed on the following conditions:
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave India until conclusion of trial.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.