~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.65/2014 of Karthikappally Excise Range registered for the offence punishable under Section 13 read with Sections 63 and 55 (i) of the Kerala Abkari Act.
3. The allegation against the petitioner is that on 28.04.2014 at 12 noon he was found engaged in selling Indian Made Foreign Liquor, and a quantity of 3.700 litres of IMFL was seized from his possession along with a glass tumbler and a plastic bottle filled with water. The petitioner was arrested and thereafter he has been in custody.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor. The learned Public Prosecutor has opposed the petition. It has come out that no criminal antecedents have been reported against the petitioner. The contraband seized is 3.700 litres of IMFL. Considering the facts and circumstances of the case, the present stage of investigation, and having regard to the period undergone by the petitioner in custody, I am of the view that the petitioner can be enlarged on bail.
5. 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 Tuesdays and Fridays, commencing from 27.05.2014 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) aks/20/05 // True Copy // PA to Judge