Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.122/2013 of the Kasaragod Excise Range registered for the offence punishable under Section 55(g) of the Abkari Act.
3. The allegation against the petitioner is that on 12.11.2013 at 10.50 a.m., he was found keeping 240 litres of wash and on seeing the excise party, he ran away from the spot after leaving the contraband. The petitioner has been in custody for the period from 16.10.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. The investigation of this case is over and final report has also been filed. Now, the case is presently pending as C.P.No.220/2014 before the court below. The learned Public Prosecutor has pointed out that the petitioner is the accused in Crime No.85/2011 of the Kasaragod Excise Range also. This matter is presently pending as C.P.No.182/14 before the court below. That was a case wherein 25 litres of arrack was seized from his possession. The learned counsel for the petitioner has pointed out that the mother of the petitioner has died on the last Friday and he has to attend the rituals in connection with the death. Considering the facts and circumstances of the case, 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 Fridays and Tuesdays commencing from 12.12.2014 for a period of six months.
(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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