Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.1308/2014 of Ezhukone Police Station, registered for the offence punishable under Section 55(i) of the Abkari Act.
3. The allegation against the petitioner is that on 19.10.2014, he was found in possession of 3.750 Litres of Indian made Foreign Liquor, in contravention of the provisions of the Abkari Act. The petitioner has been in custody for the period from 19.10.2014 onwards.
4. Heard learned counsel for the petitioner and learned Public Prosecutor. No criminal antecedents have been reported against the petitioner. The contraband involved is 3.750 Litres of Indian made Foreign Liquor. The investigation of the case is practically over. Continued detention of the petitioner in custody, is not required for the continued investigation of the case. Having regard to the period undergone by the petitioner in custody, the present stage of investigation and the absence of criminal antecedents on the part of the petitioner, I am of view that the petitioner can be enlarged on bail.
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 court below, 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 Sundays and Thursdays, commencing from 9.11.2014 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.
Sd/-
B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge