Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.131 of 2014 of Kasaragod Excise Range, registered for the offences punishable under Sections 58, 8(1) and 8(2) of the Abkari Act.
3. The allegation against the petitioner is that on 01.11.2014 at 8.30 a.m., he was found in possession of 6.840 litres of Indian Made Foreign Liquor, which was meant for sales in Goa only and 4.140 litres of arrack, in contravention of the provisions of the Abkari Act. The petitioner has been in custody for the period from 01.11.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. No criminal antecedents have been reported against the petitioner. The contents of the CD reveal that the investigation of this case is practically over. The continued detention of the petitioner is not required for the continued investigation of this case. Having regard to the period undergone by the petitioner in custody and the fact that no criminal antecedents have been reported against the petitioner, 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 am and 11 am on all Fridays and Tuesdays, commencing from 12.12.2014 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.
Sd/-
B.KEMAL PASHA, JUDGE DSV/09/12 // True Copy // PA to Judge