~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the 3rd accused in Crime No.3/2010 of Nilambur Excise Range registered for the offences punishable under Sections 55(a) and 67B of the Abkari Act.
3. The allegation against the petitioner is that he along with the other accused had transported 2100 litres of spirit by the lorry belongs to the petitioner on 20.01.2010. The petitioner was arrested on 20.08.2014 and thereafter he has been in custody.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. The petitioner is entitled to get statutory bail under Section 167(2) Cr.P.C. as the final report has not been filed so far in the matter. Matters being so, I am of the view that the petitioner can be enlarged on bail.
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 alternate days 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) aks/23/10 // True Copy // PA to Judge