Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.127/2014 of the Kasaragod Excise Range registered for the offences punishable under Sections 8(1) and (2) of the Abkari Act.
3. The allegation against the petitioner is that on 22.10.2014 at 8.30 p.m., he was found engaged in selling IMFL, and a quantity of 4.125 litres of IMFL has been seized from his possession. The petitioner has been in custody for the period from 22.10.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned Public Prosecutor has reported that the petitioner is involved in three other Abkari cases. At the same time, it seems that the investigation is not over and final report has not been filed. Having regard to the period undergone by the petitioner in custody, I am of the view that the petitioner can be enlarged on bail as last chance in this case also.
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 1 a.m. on all Fridays and Tuesdays commencing from 12.12.2014 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.
B. KEMAL PASHA, JUDGE ul/-
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