Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.110/2014 of the Kasaragod Excise Range registered for the offence punishable under Sections 8(1) and 8(2) of the Abkari Act.
3. The allegation against the petitioner is that on 23.09.2014 at 7.30 p.m., he was found in possession of 9 litres of arrack. The petitioner was arrested on 23.09.2014 and thereafter he has been in custody.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. It is true that another case of similar nature is pending against the petitioner. At the same time, the learned counsel for the petitioner has pointed out that the petitioner has two tender children and there is nobody to look after them. Investigation of this case practically over. Continued detention of the petitioner in custody is not required for the continued investigation of this case. Considering the submissions made by the learned counsel for the petitioner and the facts and circumstances of this case, I am of the view that one more opportunity can be given to the petitioner by enlarging him on bail on certain conditions.
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 Thursdays and Mondays commencing from 13.11.2014 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.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge