Petitioner is accused in Crime No.54 of 2014 of the Sasthamcottah Excise Range Office for the offence punishable under Section 55(i) of the Kerala Abkari Act for alleged possession of 800ml of IMFL for sale on 24.04.2014, is in custody since then and seeks bail.
2. I have heard the learned Public Prosecutor and the learned counsel for the petitioner.
3. Learned Public Prosecutor has pointed out that the petitioner is involved in 5 other cases and that earlier bail application filed by the petitioner was dismissed by this Court.
4. Learned counsel submits that the petitioner is an alcoholic addict undergoing continuous treatment at the District Hospital, Kollam. My attention is drawn through Annexure-A3.
4. In Annexure-A3 it is stated that Muralidharan (according to the learned counsel the petitioner) was advised treatment by the Psychiatrist and that he developed withdrawal symptoms. He was on continuous treatment. Having regard to the relevant circumstances, I am inclined to think that the petitioner could be granted relief but subject to conditions.
Application is allowed as under:
(i) Petitioner is granted bail in Crime No.54 of 2014 of the Sasthamcottah Excise Range Office and shall be released on bail, if not required to be detained otherwise on his executing bond for Rs.30,000/- (Rupees thirty five thousand only) with three sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions:
(a) Whether or not he/she has landed property, one of the sureties shall be the mother/father/brother/close relative of the petitioner.
(b) Petitioner shall report to the officer investigating the case on every Saturday between 10.00 a.m and 12.00 p.m. for a period of two months or until filing of the final report, whichever is earlier.
(c) Petitioner shall report to the officer investigating the case as and when required for interrogation.
(d) Petitioner shall not, during the period of this bail get involved in any offence.
(e) Petitioner shall not intimidate or influence the witnesses.
(ii) It is made clear that in case any of condition Nos.
(b) to (e) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate (until committal of the case if any, and thereafter, before the learned Principal Sessions Judge concerned) as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge