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Judgment
13 paragraphs · 302 wordsK. Babu, J
This is an application filed under Section 439 of the Code of Criminal Procedure.
The petitioner is the sole accused in Crime No.816/2022 of Mavelikkara Police Station. The offences alleged against the petitioner are punishable under Sections 55(a) and 55(i) of the Abkari Act.
The prosecution case is that on 24.08.2022 at 15.30 hours, the petitioner was found in possession of Indian Made Foreign Liquor (5 bottles of Bacardi Carta Blanca Superior White rum, 1 bottle of Bacardi classic black, 3 bottles of Bejoys VSOP blended grape brandi, 3 bottles of Old munk XXX rum, 1 bottle of Old Port matured rum) for the purpose of sale in Shalom building near Kadavoorkulam.
The petitioner had surrendered before JFCM-I, Mavelikkara on 31.08.2022 and 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 and he has been falsely implicated in the crime.
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 am of the view that the petitioner is entitled to be released on bail on conditions.
In the result, this Bail Application is allowed as follows :
(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) He shall appear before the Investigating Officer on all Mondays between 10 A.M. and 11 A.M. till the final report is filed.
(c) He shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.