Application filed under Section 439 of the Code of Criminal Procedure.
2. Petitioner is the accused in Crime No.946 of 2014 of the Kurathikad Police Station registered for the offence punishable under Section 55(a) of the Kerala Abkari Act.
3. The allegation against the petitioner is that 03.10.2014 at about 03.00 p.m. he was found in possession of 13 bottles, each containing 375 ml. of Indian Made Foreign Liquor in contravention of the provisions of the Abkari Act. The petitioner has been custody for the period from 03.10.2014 onwards.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. The contraband involved is Indian Made Foreign Liquor, that too of a small quantity. No criminal antecedents have been reported against the petitioner. Having regard to the period undergone by the petitioner in custody, the present stage of investigation and the absence of criminal antecedents on his part, this court of the view that he can be enlarged on
B.A.No.7416 of 2014
2 bail on conditions.
In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for ₹1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Thursdays and Mondays commencing from 30.10.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
B.KEMAL PASHA, JUDGE.
AS /True copy/ P.A. to Judge