This is an application filed by the accused in Crime No.116 of 2014 of the Karthikappally Excise Range for regular bail under under Sec.439 of Code of Criminal Procedure (hereinafter referred to as 'the Code' for short). 2. The case of the prosecution in nutshell was that on 17.09.2014 at about 9.30 p.m., the accused was found to be in possession of 12 litres of Indian Made Foreign Liquor for the purpose of sale in violation of the Kerala Abkari Act and thereby, he had committed the offences punishable under Secs.10, 13, 55(1), 63 and 67B of the Kerala Abkari Act.
3. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same. He has been falsely implicated in this case and has been in jail from 17.09.2014 onwards.
4. Learned Public Prosecutor opposed the application on the ground that investigation is not over.
5. Heard both sides and perused the case diary file.
6. It is seen from the case diary file that the petitioner was arrested on 17.09.2014 at about 9.30 p.m. along with 12 litres of Indian Made Foreign Liquor in his possession and he is in jail from that day onwards. The Learned Public Prosecutor had no case that the petitioner has involved in any other crimes of similar nature.
7. By this time, the petitioner might have understood the gravity of offences and its consequences and further custody of the petitioner is not required any more in connection with the investigation. So, considering the circumstances, this Court feels that bail can be granted to the petitioner with some stringent conditions.
The application is allowed with the following stringent conditions.
1. The petitioner shall be released on bail on his executing bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties for the like sum to the satisfaction of the Judicial First Class Magistrate Court-I, Haripad.
2. The petitioner shall appear before the investigating officer on all Saturdays between 9.00 am 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 final report is filed.
3. 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 to do so till final report is filed.
4. The petitioner shall not intimidate or influence the witnesses.
5. The petitioner shall not involve in any other crimes of similar nature during the period of this bail.
6. The petitioner shall not leave the State of Kerala without getting prior permission either from the Judicial First Class Magistrate Court-I, Haripad or from the Court to which, the case will be committed for trial till the disposal of the case.
With the above conditions, this application is allowed.
Sd/-
K. RAMAKRISHNAN JUDGE / True Copy / NS P.A. To Judge