~ ~ ~ ~ ~ ~ Petitions filed under Section 439 Cr.P.C. 2. Petitioner in B.A.No.8580/2014 is A3 and the petitioner in B.A.No.8642/2014 is A6 in Crime No.1722/2014 of Mannuthy Police Station registered for the offences punishable under Sections 55(a) and 8(1) and (2) of the Abkari Act.
3. This is a case in which 945 litres of spirit was seized from the concealed chamber of tempo van bearing registration No.KL-08B-1007. A3 has been in custody for the period from 21.10.2014 onwards and A6 has been in custody for the period from 22.10.2014 onwards.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor.
5. Still, it seems that the final report has not been filed in the matter. Matters being so, A3 is entitled to get compulsive bail under Section 167(2) Cr.P.C. As far as A6 is concerned, considering the facts and circumstances of the case and having regard to the period undergone by him in custody, I am of the view that he can also be enlarged on bail, eventhough he has yet to complete one more day for entitling him to have the benefit under Section 167(2) Cr.P.C.
6. In the result, these Bail Applications are allowed and the petitioners shall be enlarged on bail on each of them 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 petitioners shall report before the Investigating Officer in between 9 a.m. and 1 a.m. on all Tuesdays and Fridays, commencing from 23.12.2014 for a period of six months.
(ii) The petitioners shall not tamper with the evidence or influence witnesses.
(iii) The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer.
(iv) The petitioners 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.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/19/12 // True Copy // PA to Judge