Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.331/2014 of the Rajapuram Police Station, Kasaragod registered for the offences punishable under Sections 55(a) and 55(g) of the Abkari Act.
3. The allegation against the petitioner is that on 23.10.2014 at 12.20 p.m., he was found brewing arrack and a quantity of 3 litres of arrack and a quantity of 100 litres of wash, utensils and implements for brewing arrack etc. were seized from the possession of the petitioner. The petitioner ran away from the spot after leaving the contraband. He has surrendered before the court below on 28.10.2014.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the CD.
5. No criminal antecedents have been reported against the petitioner. The contents of CD reveal that the investigation of this case practically over. Continued detention of the petitioner in custody is not required for the continued investigation of this case. Having regard to the period undergone by the petitioner in custody, the present stage of investigation and 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 11 a.m. on all Tuesdays and Fridays commencing from 02.12.2014 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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