Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.1340/2014 of the Sooranadu Police Station, Kollam registered for the offence punishable under Sections 8(1) and 8(2) of the Abkari Act.
3. The allegation against the petitioner is that on 04.09.2014 at 5 a.m., he along with other accused were found brewing arrack and a quantity of 750 ml of arrack was seized from the possession of the 4th accused. Implements for brewing arrack were also seized. Petitioner has been in custody from 04.09.2014 onwards.
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 in this case is a small quantity of arrack, that too seized from the possession of the 4th accused. Investigation of this case is practically over. Having regard to the period undergone by the petitioner in custody, the present stage of investigation and the small quantity of contraband involved in this case, I am satisfied 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 Sundays and Thursdays commencing from 02.11.2014 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