AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
13 paragraphs · 290 wordsK.Babu, J
This Bail Application is filed under Section 439 of the Code of Criminal Procedure.
The petitioner is the accused in Crime No.341/2022 of Kasaragod Police Station. The offence alleged against the petitioner is punishable under Section 58 of the Abkari Act.
The prosecution case is that on 03.04.2022 at 11.45 a.m. the petitioner was found in possession of 43.200 liters of Indian Made Foreign Liquor, near Meepugiri Durga Parameshwari temple situated in Kudlu Village.
The petitioner was arrested on 03.04.2022 and he has been in judicial custody since then.
Heard the learned counsel for the petitioner and the learned Pubic Prosecutor.
The learned counsel for the petitioner submitted that the petitioner is innocent of the allegation. It is also submitted that the investigation is over and further detention of the petitioner is not required.
The learned Public Prosecutor opposed the bail plea of the petitioner.
Considering the stage of the investigation and the tenure of judicial custody undergone by the petitioner, I feel that this is a fit case where bail can be granted to the petitioner on conditions.
In the result, this Bail Application is allowed subject to the following conditions :
(a) The petitioner shall be released on bail on his executing 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.
(b) The petitioner shall appear before the Investigating Officer on all Mondays between 10 A.M. and 11 A.M. for a period of three months or till the final report is filed, whichever is earlier.
(c) The petitioner shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.