~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the 1st accused in Crime No.99/2014 of Kottarakkara Excise Range registered for the offences punishable under Sections 8(1) and (2) and 55(g) of the Abkari Act.
3. The allegation against the petitioner is that on 22.09.2014 at 11.30 p.m. he, along with the 2nd accused, was found brewing arrack and a quantity of 10.400 litres of arrack was seized from their possession. The petitioner has been in custody for the period from 23.09.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. The investigation of this case is not over and the final report has not been filed. At the same time, it has to be taken note of the fact that the petitioner has been in custody for the period from 23.09.2014 onwards and altogether 58 days are over. It is true that the petitioner is the accused in three other crimes of similar nature. At the same time, having regard to the period undergone by the petitioner in custody, I am of the view that the petitioner can be enlarged on bail, as a last chance.
6. 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 Sundays and Wednesdays, commencing from 23.11.2014 for a period of six months.
(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) aks/20/11 // True Copy // PA to Judge