The petition is filed under Section 439(1) Cr.P.C. read with Section 41A of the Abkari Act.
2. Petitioner is the accused in Crime No.38 of 2014 of Mananthavady Excise Range Office registered for the offence under Section 55(i) of the Abkari Act.
3. The petitioner was arrested and produced before the Judicial First Class Magistrate Court-II, Mananthavady. Crl.M.P 1897/2014 preferred for bail before the Court below was dismissed as per Annexure A1 order dated 16.4.2014. The petitioner has been in custody from 12.4.2014.
4. Heard both sides.
5. The learned Public Prosecutor submits that having regard to the quantity of the liquor involved and the period of custody, the petitioner may be released on bail subject to stringent conditions.
6. In the result, this application is allowed on the following conditions.
i. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum B.A. No. 2993 of 2014 -2-
to the satisfaction of the learned Magistrate concerned.
ii. The petitioner shall appear before the Investigating Officer between 11 am and 12 noon on all Wednesdays for four months or till the final report is filed, whichever is earlier.
iii. He shall not commit any offence under the Abkari Act or under the N.D.P.S. Act while he is on bail.
iv. He shall not threaten or attempt to influence the witnesses, nor shall he destroy or attempt to destroy the evidence or interfere with the investigation.
If the petitioner violates any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.
K.ABRAHAM MATHEW, JUDGE.
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