Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.77/2014 of Kalpetta Excise Range, Wayanad registered for the offence punishable under Sections 8(1) and (2) of the Kerala Abkari Act.
3. The allegation against the petitioner is that on 20.09.2014 at 2 p.m. he was found in possession of 1½ litres of coloured illicit arrack in contravention of the provisions of the Abkari Act. The petitioner was arrested on 20.09.2014. Thereafter, he has been in custody.
4. Heard learned counsel for the petitioner and learned Public Prosecutor. The learned Public Prosecutor has opposed the petition.
5. It is submitted that no criminal antecedents have been reported against the petitioner. The contraband involved is a small quantity of arrack of 1½ litres. The petitioner has been in custody from 20.09.2014 onwards. Having regard to the period undergone by the petitioner in custody, the absence of any criminal antecedents on his part, and the small quantity of contraband involved in this case, this Court is of the view that the petitioner can be enlarged on bail on conditions.
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 court below, 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 Mondays, commencing from 24-10-2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(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.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge