~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.69/2014 of Chathannoor Excise Range registered for the offence punishable under Section 55(i) of the Abkari Act.
3. The allegation against the petitioner is that on 12.10.2014 at 11.30 a.m. he was found selling IMFL and a quantity of 700 ml of IMFL has been seized from his possession. It is alleged that he was possessing the said quantity of IMFL in contravention of the provisions of the Abkari Act.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. No criminal antecedents have been reported against the petitioner. The investigation of this case is practically over. The continued detention of the petitioner is not required for the continued investigation of this case. Having regard to the period undergone by the petitioner in custody, the small quantity of contraband involved and that too IMFL, and the absence of criminal antecedents on the part of the petitioner, I am satisfied 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 all Fridays and Tuesdays, commencing from 31.10.2014 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/28/10 // True Copy // PA to Judge