Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.73/2014 of Alathur Excise Range, Palakkad registered for the offences punishable under Sections 8(1), 8(2), 55(b) and 55(g) of the Abkari Act.
3. The allegation against the petitioner is that on 05.09.2014 at 5 p.m. the petitioner was found engaged in brewing arrack at the forest area near Mattumala- Chullikulambu in Alathur Taluk, and on seeing the excise party, he ran away from the spot by leaving the contraband. A quantity of 10 litres of arrack and 1500 litres of wash, along with implements for brewing arrack were seized from the spot. The petitioner was arrested on 06.09.2014 and thereafter, he has been in custody.
4. Heard learned counsel for the petitioner and learned Public Prosecutor. The learned Public Prosecutor has opposed the petition.
5. No criminal antecedents have been reported against the petitioner. The investigation of this case is practically over. The petitioner has been in custody from 06.09.2014 onwards. Having regard to the period undergone by the petitioner in custody, the present stage of investigation and the absence of any criminal antecedents on his part, I am of the view that the petitioner can be enlarged on bail on conditions.
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 31.10.2014 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.
B. KEMAL PASHA, JUDGE ul/-
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