This is an application filed by the accused in Crime No.76/2014 of Karunagappally Excise range for regular bail under Section 439 of the Code of Criminal Procedure. 2. The case of the prosecution in nutshell was that on 1.5.2014 at about 5.10 p.m, the accused was found to be possession of 800 ml of Indian made foreign liquor with a glass and cash and engaged in the sale of the same in violation of the provisions of the Abkari Act and thereby he had committed the offence punishable under Sections 55 (i) of the Abkari Act.
3. The counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same and he has been falsely implicated in the case. He is in jail from 1.5.2014 onwards. The allegations are not sufficient to attract the offence under Section 55(i) of the Abkari Act.
4. The application was opposed by the Public Prosecutor on the ground that investigation is not over.
5. Heard both sides and perused the records.
6. It is seen from the records that the petitioner was arrested by Karunagappally excise officials on 1.5.2014 at about 5.10 p.m along with 800 ml of Indian made foreign liquor with a glass and cash of Rs.70/- and he is in jail from that day onwards. Most of the witness are excise officials. So the apprehension of the Public Prosecutor that if he is released on bail, he is likely to influence the witnesses has no force. Further the Public Prosecutor has no case that the petitioner had committed any offence of similar nature earlier. He is aged 55 years. By this time, he might have understood the gravity of the offence and its consequences. His custody is not required any more in connection with the investigation. So, this Court feels that bail can be granted to the petitioner with some stringent conditions. Hence, the application is allowed with the following conditions:
i. The petitioner shall be released on bail on executing a bond for Rs.50,000/- with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court, Karunagappally.
ii. The petitioner shall appear before the investigating officer on all Saturdays between 9 a.m and 10 a.m for a period of three months and thereafter on the last Saturday of every month between the same timings till the final report is filed.
iii. The petitioner shall appear before the investigating officer for the purpose of interrogation in connection with the above crime as and when required in writing to do so till the final report is filed.
iv. The petitioner shall not intimidate or influence the witnesses.
v. The petitioner shall not involve in any other crime of similar nature during bail period.
vi. The petitioner shall not leave State of Kerala without getting prior permission from the Judicial First Class Magistrate, Karunagappally or from the court to which the case will the committed for trial till the disposal of the case.
With the above conditions, the application is allowed.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/ P.S to Judge