Petition filed under Section 439 Cr.P.C.
2. Petitioner is the first accused in O.R. No.60/2014 of the Chittar Excise Range, Pathanamthitta registered for the offences punishable under Sections 8(1) and (2) of the Abkari Act.
3. The allegation against the petitioner is that on 11.10.2014 at 12.10 p.m., he along with the other accused, was found in possession of 40 litres of arrack. The petitioner has been in custody for the period from 11.10.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the CD.
5. The contents of the CD reveal that the investigation of this case practically over. The only reason why the final report has not been filed is that the 2nd accused is absconding. Therefore, it may take some more time for filing the final report. It is true that the quantity involved in this case is a huge quantity of arrack. At the same time, having regard to the period undergone by the petitioner in custody and the present stage of investigation, this court is 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 Saturdays and Wednesdays commencing from 06.12.2014 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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