Petition filed under Section 439 Cr.P.C. 2. Petitioners are accused in Crime No.584 of 2014 of the Manjeshwar Police Station, Kasaragod District registered for the offence punishable under Section 55(a) of the Abkari Act.
3. The allegation against the petitioners is that on 12.09.2014 at 7.40pm, they were found transporting 425 bottles each containing 180 ml, 95 bottles each containing 90 ml, 96 packets each containing 180 ml and 286 packets each containing 90 ml of Indian Made Foreign Liquor which were strictly intended for sale in the State of Karnataka only, by an autorickshaw bearing Reg.No.KL-14-C-3874 at Bangara in Manjeshwaram Gramam. The petitioners have been in custody from 12.09.2014 onwards.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. It has come out that the investigation is not over, and the final report has not been filed so far. Matters being so, the petitioners are entitled to compulsive bail under Section 167(2) Cr.P.C.
6. In the result, this Bail Application is allowed and the petitioners shall be enlarged on bail on each of them executing a bond for Rs.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 am and 11 am on all Sundays and Wednesdays, commencing from 16.11.2014 for a period of three 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 das // True copy // PA to Judge