Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.109/2014 of the Hosdurg Excise Range, Kasaragod registered for the offence punishable under Section 58 of the Abkari Act.
3. The allegation against the petitioner is that on 17.10.2014 at 5.15 p.m., he was found transporting a total quantity of 33.300 litres of IMFL by way of 24 bottles, each containing 750 ml, and 85 bottles, each containing 180 ml. The petitioner has been in custody for the period from 17.10.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. It has come that the petitioner was earlier involved in another abkari offence wherein huge quantity of IMFL is involved. The investigation of this case is practically over. Having regard to the period undergone by the petitioner in custody and the present stage of investigation, I am of the view that, as a last chance, the petitioner can be enlarged on bail in this crime 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 11 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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