This is an application filed by the petitioner who is the accused in Crime No.92 of 2014 of Kasaragod Excise Range for regular bail under Section 439 of Code of Criminal Procedure.
2. The case of the prosecution in nut shell was that on 29.08.2014 at about 11.15 a.m. the accused was found transiting 10 liters of arrack at Darbhathadukka in Bela Village of Kasaragod Taluk, violation of provisions of Abkari Act and thereby he had committed the offence punishable under Section 8(1) and (2) of the Kerala Abkari Act.
3. The counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same. He has falsely implicated the case. He is in jail from 29.08.2014 onwards.
4. The application was opposed by the Public Prosecutor on the ground that investigation is still in progress.
5. Heard both sides and peruse the case diary file.
6. It is seen from the records that the petitioner was arrested on 29.08.2014 at 11.15 a.m. from the place of occurrence along with 10 liters of arrack and he was produced the Court on the same day and he was in jail from that day onwards. Further the prosecutor has no case that the petitioner had involved in any other crime of similar nature earlier. It is true that the persons who are committing Abkari offences are committing the same knowing its consequences. But at the same time unnecessary detention of the persons without trial is also not proper. Custody of the petitioner can be retained if his custody is required and necessary for the purpose of the investigation. By this time he might have understood the gravity of offence and its consequences. His custody is not required for any more in connection with the investigation as well. Considering the circumstances, this court feels that bail can be granted to the petitioner with some stringent conditions.
Therefore, this application is allowed on the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court-I, Kasaragod.
(ii) The petitioner shall appear before the Investigating Officer on all Saturdays between 09.00 a.m. and 10.00 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 as and when required in connection with the above crime in writing him to do so till the final report is filed.
(iv) The petitioner shall not intimidate or influence the witnesses.
(v) The petitioner shall not, during the period of this bail get involved in any other offence in similar nature.
(vi) The petitioner shall not leave Kasaragod District without getting prior permission either from the Judicial First Class Magistrate Court-I, Kasaragod or from the court to which the case will be committed for trial till the disposal of the case.
With the above conditions, the bail application is allowed.
Sd/-
K.RAMAKRISHNAN.
JUDGE.
AS /True Copy/ P.A. to Judge