Petition filed under Section 439 Cr.P.C.
2. Petitioners are A1 and A2 in Crime No.1479/2014 of the Eravipuram Police Station, Kollam registered for the offences punishable under Sections 55(a) and (i) of the Abkari Act.
3. The allegation against the petitioners is that on 21.09.2014 at 2 p.m., they were found in possession of 15 litres of Indian Made Foreign Liquor, in contravention of the provisions of the Abkari Act, and on seeing the police party they threw it away. It is also alleged that it was a dry day in connection with Sree Narayanaguru Samadhi. An amount of ₹1,550/-, allegedly the sale proceeds, was also seized from their possession. The petitioners have been in custody from 21.09.2014 onwards.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor.
5. No criminal antecedents have been reported against the petitioners. Investigation of this case is practically over. Having regard to the period undergone by the petitioners in custody, the present stage of investigation and the absence of any criminal antecedents on their part, I am of the view that the petitioners can be enlarged on bail.
6. In the result, this Bail Application is allowed and the petitioners shall be enlarged on bail on their executing a bond for `1,00,000/- (Rupees one lakh only) each with two solvent sureties each 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 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 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.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge