~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the 1st accused in Crime No.83/2014 of Perumbavur Excise Range registered for the offences punishable under Sections 8(1) and (2), 55(g) and 67B of the Abkari Act.
3. The allegation against the petitioner is that on 17.08.2014 at 3.30 a.m. he along with the other accused was found brewing arrack and when the excise party approached them, they took to heels. A quantity of 2.5 litres of arrack and 180 litres of wash along with the utensils and implements for brewing arrack were seized from the spot. Later, on 24.09.2014, the petitioner surrendered before the court below.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. No criminal antecedents have been reported against the petitioner. The contraband involved is a small quantity of arrack and wash. He has been in custody from 24.09.2014 onwards. Having regard to the period undergone by the petitioner in custody, the present stage of investigation, and the absence of criminal antecedents on his part, I am of the view that the petitioner can be enlarged on bail.
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 Thursdays and Mondays, commencing from 30.10.2014 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.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/23/10 // True Copy // PA to Judge