This is an application for regular bail filed by the accused in Crime No.31/2014 of Hosdurg Excise range under Section 439 of the Code of Criminal Procedure. 2. The case of the prosecution in nutshell was that on 23.3.2014 at about 4 p.m, the accused was found transporting 5 litres of arrack in violation of the provisions of the Abkari Act and thereby he had committed the offence punishable under Sections 8 (1) and (2) of the Abkari Act.
3. The counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same and he has been falsely implicated in the case. He is in jail from 23.3.2014 onwards.
4. The application was opposed by the Public Prosecutor on the ground that investigation is not over and huge quantity of arrack was seized from the possession of the petitioner.
5. Heard both sides and perused the records.
6. It is seen from the records that the petitioner was arrested by Hosdurg excise officials on 23.3.2014 at about 4 p.m along with 5 litres of arrack when he was found transporting the same. He is in jail from that day onwards. Investigation of the case is almost over. Most of the witnesses are excise officials. So the apprehension of the Public Prosecutor that if the petitioner is released on bail he is likely to influence the witnesses has no force. Further the Public Prosecutor had no case that the petitioner had committed any offence of similar nature earlier. He is aged 66 years. By this time he might have understood the gravity of the offence and its consequences. His custody is not required any more in connection with the investigation. So, this Court feels that bail can be granted to the petitioner with some stringent conditions. So, the application is allowed with the following conditions:
i. The petitioner shall be released on bail on executing a bond for Rs.50,000/- with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court-II, Hosdurg.
ii. The petitioner shall appear before the investigating officer on all Mondays and Saturdays between 9 a.m and 10 a.m for a period of three months and thereafter on the last Saturday of every month between the same timings till the final report is filed.
iii. The petitioner shall appear before the investigating officer for the purpose of interrogation in connection with the above crime as and when required in writing to do so till the final report is filed.
iv. The petitioner shall not intimidate or influence the witnesses.
v. The petitioner shall not involve in any other crime of similar nature during bail period.
vi. The petitioner shall not leave State of Kerala without getting prior permission from the Judicial First Class Magistrate Court-II, Hosdurg or from the court to which the case will the committed for trial till the disposal of the case.
With the above conditions, the application is allowed.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge