This is an application filed by the accused in Crime No.98 of 2014 of the Excise Range office, Hosdurg for regular bail under under Sec.439 of Code of Criminal Procedure (hereinafter referred to as 'the Code' for short). 2. The case of the prosecution in nutshell was that on 13.09.2014 at about 1.40 p.m., the accused was found transporting 4 litres of arrack in a kannas through the road at Pattakkal Moovarikundu in Kanhangad village in violation of the provisions of the Kerala Abkari Act and thereby, he had committed the offence punishable under Sec.8(1) and (2) of the Kerala Abkari Act.
3. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same. He has been falsely implicated in this case and has been in jail from 13.09.2014 onwards.
4. Learned Public Prosecutor opposed the application on the ground that investigation is not over and if the petitioner is released on bail he is likely to repeat similar offence.
5. Heard both sides and perused the records.
6. It is seen from the records that the petitioner was arrested by the Hosdurg Excise Range officials on 13.09.2014 at about 1.40 p.m. along with 4 litres of arrack and he is in jail from that day onwards. Learned Public Prosecutor had no case that the petitioner has involved in any other crimes of similar nature earlier. Further, most of the witnesses are the excise officials and so the apprehension of the prosecution is that, if the petitioner is released on bail he is likely to influence the witnesses is without any basis. The petitioner is aged 52 years and by this time, he might have understood the gravity of offences and its consequences.
7. Considering the circumstances, this Court feels that bail can be granted to the petitioner with effect from 15.10.2014 with some stringent conditions.
The application is allowed with the following conditions.
1. The petitioner shall be released on bail on 15.10.2014 on executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Judicial First Class Magistrate Court-I, Hosdurg.
2. The petitioner shall appear before the investigating officer on all Mondays and Saturdays between 9.00 am and 10.00 a.m., for a period of three months and thereafter on the last Saturday of every month between the same timings till final report is filed.
3. The petitioner shall appear before the investigating officer for the purpose of interrogation as and when required in connection with the above crime in writing to do so till final report is filed.
4. The petitioner shall not intimidate or influence the witnesses.
5. The petitioner shall not involve in any other crime of similar nature during the period of this bail.
7. The petitioner shall not leave the State of Kerala without getting prior permission either from the Judicial First Class Magistrate Court-I, Hosdurg or from the Court to which, the case will be committed for trial till the disposal of the case.
With the above conditions, this application is allowed.
Sd/-
K. RAMAKRISHNAN JUDGE / True Copy / NS P.A. To Judge