The petition is filed under Section 439(1) Cr.P.C. read with Section 41A of the Abkari Act.
2. Petitioner is the accused in C.R. No.18 of 2014 of Kuttanadu Excise Range Office registered for the offences under Sections 55(i) and (13) r/w 63 of of the Abkari Act. The allegation is that he was found transporting 13 liters of Indian Made Foreign Liquor. The submission of the learned counsel is that the investigation is over and the petitioner has been in custody since 28.3.2014.
3. Heard both sides.
4. The application is not opposed. The learned Public Prosecutor submits that taking into consideration the quantity of the liquor involved and the period of custody, the petitioner may be released on bail subject to stringent conditions.
5. In the result, this application is allowed on the following conditions.
i. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate concerned.
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ii. The petitioner shall appear before the Investigating Officer between 11 am and 12 noon on all Wednesdays for four months or till the final report is filed, whichever is earlier.
iii. He shall not commit any offence under the Abkari Act or under the N.D.P.S. Act while he is on bail.
iv. He shall not threaten or attempt to influence the witnesses, nor shall he destroy or attempt to destroy the evidence or interfere with the investigation.
If the petitioner violates any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.
K.ABRAHAM MATHEW, JUDGE.
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