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Judgment
14 paragraphs · 357 wordsShircy V, J
Application for regular bail filed under Section 439 of the Code of Criminal Procedure.
The petitioner is the sole accused in Crime No.109 of 2021 of Excise Range, Neyyattinkara registered for the offences punishable under Sections 55(i) and 67B of the Kerala Abkari Act..
He has been in custody since 09.11.2021.
The allegation is that on 09.11.2021 at about 10.3. p.m he was found in possession of 3.300 litres of Indian Made Foreign Liquor, kept for the purpose of sale, in contravention of the provisions of the Kerala Abkari Act by the excise officials and thereby committed the aforesaid offences.
Heard the learned counsel for the petitioner as well the learned Public Prosecutor.
The learned counsel for the petitioner has submitted that he is totally innocent of the allegations levelled against him. Hence, this application.
The records would reveal that the investigation of the case is well in progress. The prosecution has no case that he is having any criminal antecedents.
Considering the period of detention undergone by him in judicial custody, the quantity of the contraband involved and the other facts and circumstances involved in this case, I am inclined to release him on bail subject to the following conditions.
(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.
(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the jurisdictional court is at liberty to cancel the bail in accordance with the law.