~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the 2nd accused in Crime No.248/2014 of the Adoor Excise Range registered for the offence punishable under Section 55(a) of the Abkari Act.
3. This is a case wherein 9768 litres of spirit was seized from a shop room at M.G.Junction, Enathu at the side of the M.C. Road on 06.12.2013 at 1.30 a.m. The petitioner has been in custody for the period from 24.09.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. It has come out that the investigation is not over and the final report has not been filed so far. Matters being so, this is a case wherein the petitioner is entitled to get BA.8393/2014 : 2 :
compulsive bail under Section 167(2) Cr.P.C.
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 Saturdays and Wednesdays commencing from 29.11.2014 for a period of six months.
(ii) The petitioner shall surrender his passport before the court below. In case he has no passport, an affidavit to that effect shall be filed.
(iii) The petitioner shall not tamper with the evidence or influence witnesses.
(iv) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
BA.8393/2014 : 3 :
(v) 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/26/11 // True Copy // PA to Judge