Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.68/2014 of the Badiadka Excise Range Office, Kasaragod registered for the offence punishable under Section 58 of the Abkari Act.
3. The allegation against the petitioner is that on 20.11.2014 at 7.30 p.m., he was found transporting four bottles, each containing 750 ml of Indian Made Foreign Liquor, which was strictly intended for sale in the State of Karnataka only, in contravention of the provisions of the Abkari Act. The petitioner has been in custody from 20.11.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the CD.
5. The contents of the CD, prima facie, reveal the complicity of the petitioners.
6. No criminal antecedents have been reported against the petitioner. Investigation of this case is practically over. Having regard to the period undergone by the petitioner in custody, the present stage of investigation and the absence of any criminal antecedents on his part, I am of the view that the petitioner can be enlarged on bail.
7. 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 18.12.2014 for a period of three 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.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge