This is an application filed by the sole accused in Crime No.876 of 2014 of Mananthavady Police station for regular bail under Sec.439 of Code of Criminal Procedure (hereinafter referred to as 'the Code' for short). 2. The case of the prosecution in nutshell was that on 24.09.2014 at 8.45 p.m., the accused was found to be in possession of 16 bottles of 500 m.l. each of Indian Made Foreign Liquor (IMFL) and found transiting the same in an auto rickshaw with No. Kl-12H/9360 without any documents and thereby, he had committed the offence punishable under Secs.55(a) of the Kerala Abkari Act .
3. Learned counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same. He is falsely implicated and is in jail from 24.09.2014 onwards. Even assuming that the entire allegations are accepted, it may fall under Sec.13 read with Sec.63 of the Kerala Abkari Act and not under Sec.55(a) of the Kerala Abkari Act
4. Learned Public Prosecutor opposed the application on the ground that investigation is not over.
5. Heard both sides and perused the records.
6. It is seen from the records that the petitioner was arrested by the Mananthavady Police on 24.09.2014 along with 8 litres of IMFL (16 bottles of 500 m.l. each) while transiting the same in an auto rickshaw with No. Kl- 12H/9360 and he is in jail from that day onwards. I am not at this stage going into the question as to whether the offence under Sec.55(a) of the Kerala Abkari Act is attracted or not or it may fall only under Sec.13 read with Sec.63 of the Kerala Abkari Act as canvassed by the learned counsel for the petitioner as those are all matters to be considered by the trial court on the basis of evidence. The learned Public Prosecutor has no case that the petitioner has involved in any other crimes of similar nature earlier. Further, most of the witnesses are Police officials. So the apprehension of the learned Public Prosecutor that if the petitioner is released on bail, he is likely to influence the witnesses as of no course. By this time, the petitioner might have understood the gravity of the offences and its consequences.
7. So, considering the nature of contraband seized and also the period of pre-trial detention of the petitioner, this Court feels that bail can be granted to the petitioner with some stringent conditions.
The application is allowed with the following stringent conditions.
1. The petitioner shall be released on bail on their executing bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court-II, Mananthavady.
2. The petitioner shall appear before the investigating officer on the last Saturday of every month for a period of two months or till the final report is filed, whichever is earlier.
3. The petitioner shall appear before the investigating officer for the purpose of interrogation as and when required in connection with the above crime in writing to do so till final report is filed.
4. The petitioner shall not intimidate or influence the witnesses.
5. The petitioner shall not involve in any other crimes of similar nature during the period of this bail.
6. The petitioners shall not leave Wayanad District without getting prior permission either from the Judicial First Class Magistrate Court-II, Mananthavady or from the Court to which, the case will be committed for trial till the disposal of the case.
With the above conditions, this application is allowed.
Sd/-
K. RAMAKRISHNAN JUDGE / True Copy / NS P.A. To Judge