This is an application filed by the accused in Crime No.1354 of 2014 of the Kadakkal Police station 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 16.09.2014 at about 11.45 a.m., the accused was found engaged in storing and selling of Ayurvedic preparations in the name of Arishtams and also several types of Allopathic tablets and mixing the same and selling the same as Arishtams without any licence and thereby, he had committed the offence punishable under Sec.58A of the Kerala Abkari Act and Rule 10(b) of Spirituous Preparations (Control) Rules, and Sec.419 and 420 of Indian Penal Code.
3. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same. He is a native Vaidyan by profession and he has not committed any offence and he is in jail from 16.09.2014 onwards.
4. Learned Public Prosecutor opposed the application on the ground that the petitioner is likely to repeat the same if he is released on bail .
5. Heard both sides and perused the records.
6. It is seen from the reports that on getting information that the petitioner is selling Ayurvedic Arishtams without any authority, the Police party conducted a search in the shop of the petitioner and found Arishtams and Allopathic tablets and they were satisfied that these were used for the purpose of mixing the same with liquor which may cause endanger to human life and so, after completing the formalities of seizures etc., arrested the petitioner and registered the above crime against the petitioner.
7. It is true that there is no documents even now produced by the petitioner to show that he is entitled to do the business. However, considering the circumstances and also the period of pre trial detention, this Court feels that bail can be granted to the petitioner with some stringent conditions as by this time, the petitioner might have understood the gravity of offences and its consequences and the learned Public Prosecutor also had no case that the petitioner has involved in any other crimes of similar nature earlier.
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, Kadakkal.
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, Kadakkal 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.
K. RAMAKRISHNAN JUDGE NS