~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the 3rd accused in Crime No.248/2013 of Adoor Excise Range, Kollam registered for the offences punishable under Section 55(a) of the Abkari Act.
3. This is a case wherein 9768 litrers of spirit, illegally kept in a shop room in Ezhamkulam Panchayat, on the side of the Adoor - Kottarakkara M.C.Road, was seized. The petitioner was formally arrested in this case on 16.09.2014 while he was undergoing remand in Crime No.1563/2013 of Aranmula Police Station.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the C.D.
5. Even though the petitioner has been in custody for the period from 16.09.2014 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