Application filed under Section 439 of the Code of Criminal Procedure.
2. Petitioner is the accused in Crime No.544 of 2014 of the Pulpally Police Station registered for the offences punishable under Sections 55(a) and (i) of the Abkari Act.
3. The allegation against the petitioner is that on 12.10.2014 at about 05.45 p.m., he was found in possession of 4.5 liters of Indian Made Foreign Liquor in contravention of the provisions of the Abkari Act. The petitioner has been custody for the period from 12.10.2014 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 bail on conditions.
B.A.No.7586 of 2014 2 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