Petitioner is accused in Crime No.47 of 2014 of the Kasaragode Excise Range office for the offences punishable under Secs.8 (1) and (2) of the Kerala Abkari Act for alleged possession and transiting of 10 litres illicit arrack on 07.05.2014, is in custody since then and seeks bail. 2. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. Learned Public Prosecuted has submitted that the petitioner is involved in Crime No.114 of 2014 of the same range for similar offence and an absconding final report was filed in that case on 28.04.2014.
4. Learned counsel submitted that the earlier application preferred by the petitioner is rejected by this Court.
5. Having regard to the relevant circumstances, I am inclined to think that further detention of the petitioner is not required. Hence I am inclined to grant bail to the petitioner but subject to conditions.
The application is allowed as under. Petitioner is granted bail in Crime No.47 of 2014 of the Kasaragode Excise Range office and shall be released (if not required to be detained otherwise) on bail on his executing bond for Rs.30,000/- (Rupees Thirty 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 father/brother/ mother /close relative of the petitioner.
(b) Petitioner shall report to the investigating officer on every Monday and Saturday between 10.00 am and 12.00 pm until otherwise ordered by the learned magistrate until committal of the case if any and thereafter by the learned Principal Sessions Judge, concerned.
(c) Petitioner shall report to the investigating officer as and when required for interrogation.
(d) Petitioner shall not get involved any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(f) In case any of condition nos(b) to (e) is violated, it is open to the investigating officer to file application before the learned magistrate/ Principal Sessions Judge as aforesaid for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
THOMAS P. JOSEPH JUDGE NS