Petition filed under Section 439 Cr.P.C.
2. Petitioner is the 2nd accused in Crime No.1885/2014 of the Punalur Police Station, Kollam registered for the offence punishable under Sections 55(a) and (g) of the Abkari Act.
3. The allegation against the petitioner and A1 and A3 to A6 is that they were engaged in brewing arrack and it was the petitioner herein who used to transport the same by his autorickshaw. While so, on 18.10.2014 at 1.45 a.m., the police party found them at the place wherein they were engaged in brewing arrack and a quantity of 40 litres of wash was seized from their possession. The petitioner has been in custody for the period from 18.10.2014 onwards.
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. Continued detention of the petitioner in custody is not required for the continued investigation of this case. In the facts and circumstances of this case and in the absence of any criminal antecedents on his part, 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 1 a.m. on all Mondays and Thursdays commencing from 01.12.2014 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.
B. KEMAL PASHA, JUDGE ul/-
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