Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.61/2014 of Thodupuzha Excise Range registered for the offences punishable under Sections 55(a) and (i) of the Abkari Act.
3. The allegation against the petitioner is that on 30.10.2014 at 12.35 p.m., he was found in possession of of 8.250 Ltrs. of Indian Made Foreign Liquor, in contravention of the provisions of the Abkari Act. The petitioner has been in custody for the period from 30.10.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor. It seems that the investigation is practically over. No criminal antecedents have been reported against the petitioner. 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 satisfied that the petitioner can be enlarged on bail.
5. 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 concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioner shall report before the Investigating Officer in between 9 am and 11 am on all Thursdays and Mondays, commencing from 27.11.2014 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