~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the 3rd accused in Crime No.1563/2013 of Aranmula Police Station registered for the offence punishable under Section 55(a) of the Abkari Act.
3. On 05.12.2013 at 6.30 p.m. a mini tempo was seized by the police when the same was seen used for transporting 30 cans each containing 35 litres of spirit at Kozhenchery. The investigation revealed that the said load of spirit contained in the tempo is part of the larger consignment of spirit brought by the petitioner from Tamil Nadu by lorry bearing registration No..KL-25E-5152 and was kept in a shop room situated at Enath at the side of the Adoor-Kottarakkara M.C.Road. The petitioner was arrested on 11.09.2014 and thereafter he has been in custody.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. Even though the petitioner has been in custody for the period from 11.09.2014 onwards, the final report has not been filed so far. Matters being so, this is a case wherein the petitioner is entitled to 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 13.12.2014 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.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/10/12 // True Copy // PA to Judge