~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the 2nd accused in Crime No.84/2014 of Chirayinkeezhu Excise Range registered for the offence punishable under Section 55(i) of the Abkari Act.
3. The allegation against the petitioner and the other accused is that on 01.10.2014 at 12.30 p.m., they were found engaged in retail sales of IMFL in contravention of the provisions of the Abkari Act. The petitioner has been in custody for the period from 01.11.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned Public Prosecutor has pointed out that the petitioner is the accused in five abkari cases of similar nature. The learned counsel for the petitioner has pointed out that out those five cases, the petitioner was acquitted in three cases. It is also pointed out that the petitioner is a 65 year old man. It is pleaded that he may be enlarged on bail as last chance considering the small quantity of contraband involved. Having regard to the period undergone by the petitioner in custody, the small quantity of contraband involved and the fact that the petitioner is a 65 year old man, I am of the view that the petitioner can be enlarged on bail, as 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 Mondays and Thursdays, commencing from 01.12.2014 for a period of three 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/27/11 // True Copy // PA to Judge