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Judgment
21 paragraphs · 320 wordsThis is an application filed under Section 439 of the Code of Criminal Procedure.
Petitioners are accused Nos.1 and 2 in Crime No.98/2020 of Parali Excise Range, Palakkad, registered alleging offence punishable under Section
58 of the Kerala Abkari Act.
Prosecution allegation is that, the accused were found transporting 44 litres of Indian Made Foreign Liquor on 09.12.2020. They were arrested
along with the contraband liquor and since then are in judicial custody.
Heard the learned counsel for the petitioners and the learned Senior Public Prosecutor.
Learned counsel for the petitioners submits that there is no criminal antecedents against the petitioners, that they are first offenders. The said fact is
endorsed by the learned Public Prosecutor also. From the tenor of the learned Public Prosecutor, he does not have objection in granting bail.
Considering the circumstances, since the petitioners are in custody for over 19 days and since investigation has almost complete, they shall be released
on bail on conditions.
In the result, the bail application stands allowed.
The petitioners shall be released on bail on the following conditions:-
(i) The petitioners shall execute a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like amount to the
satisfaction of the jurisdictional court;
(ii) The petitioners shall not cause any promise, intimidation or threat to the witnesses nor try to influence the prosecution witnesses;
(iii) Petitioners shall not leave India without permission of the jurisdictional Court;
(iv) They shall appear before the investigating officer as and when required;
(vi) The petitioners shall strictly abide by the various guidelines issued by the State Government and the Central Government with respect to keeping
of social distancing in the wake of Covid 19 pandemic;
(vii) If any of the above conditions are violated by the petitioners, the committal/trial Court, as the case may be, can cancel the bail in accordance with
law.