Petitioner is the 9th accused in Crime No.76 of 2012 of the Thirupuram Excise Range Office for the offences punishable under Secs.55(a), (d) and (g) and 67B of the Abkari Act, is in custody from 28.03.2014 and seeks bail.
2. I have heard the learned Public Prosecutor and learned counsel for the petitioner. Case is that on 15.11.2012 at about 5 p.m, the excise party seized 1650 liters of spirit from a lorry. Petitioner is alleged to have conspired with the other accused in transporting the spirit. It is also submitted that the petitioner is involved in Crime No.312 of 2014 of the Aranmula Police Station for the offences under the Abkari Act.
3. Learned counsel submits that Crime No.312 of 2014 is registered on the allegation of possession of excess quantity of toddy than permitted.
4. Having regard to the nature of allegation and since he is in custody from 28.03.2014, I am inclined to grant bail but subject to stringent conditions.
Resultantly this application is allowed as under:
(i) Petitioner is granted bail in Crime No.76 of 2012 of the Thirupuram Excise Range Office and shall be released, if not required to be detained otherwise on his executing bond for `35,000/- (Rupees Thirty Five Thousand Only) with three sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:
(a) Whether or not he/she has landed properties, one of the sureties shall be the father/mother/brother/close relative of the petitioner.
(b) Petitioner shall report to the Officer investigating Crime No.76 of 2012 of the Thirupuram Excise Range Office on every Tuesday and Saturday between 10 a.m and 12 p.m for a period of two months or until final report is filed, whichever is earlier.
(c) Petitioner shall report to the Investigating Officer as and when directed for interrogation.
(d) Petitioner shall not, during the period of this bail get involved in any offence.
(e) Petitioner shall not intimidate or influence the witnesses.
(f) In case of violation of any of condition Nos.(b) to (e), bail granted hereby is liable to be cancelled by moving application before the learned magistrate until committal if any and thereafter before the learned Principal Sessions Judge concerned as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sbna True Copy Sd/-
THOMAS P.JOSEPH, JUDGE.
P A to Judge