Petitioner is accused in Crime No.47 of 2014 of the Noornadu Excise Range office for the offences punishable under Secs.8(1) and (2) of the Kerala Abkari Act for alleged possession and transportation of 10 litres of arrack on 19.04.2014, is in custody since then and seeks bail. 2. I have heard the learned Public Prosecutor and the learned counsel for the petitioner. Petitioner is not reported to be involved in any other case.
3. Learned public prosecutor has submitted that investigation of the case is not completed.
4. Having regard to the relevant circumstances, I am inclined to grant relief to the petitioner but subject to conditions and from a future date since investigation of the case is not completed.
The application is allowed as under.
Petitioner is granted bail in Crime No.47 of 2014 of the Noornadu Excise Range office and shall be released (if not required to be detained otherwise) on his executing bond for Rs.25,000/- (Rupees Twenty five thousand only) with three sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions.
a) One of the sureties shall be a close relative of the petitioner whether or not he/she has landed properties.
b) Petitioner shall report to the investigating officer on every Saturday between 10.00 am and 12.00 pm until filing of the final report.
c) Petitioner shall report to the investigating officer as and when required for interrogation.
d) Petitioner shall not get involved any offence during the period of this bail.
e) Petitioner shall not influence or intimidate the witnesses.
f) In case any of condition nos.(b) to (e) is violated, it is open to the investigating officer to file application before the learned magistrate until committal if any and thereafter before the Principal Sessions Court concerned for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
g) This order granting bail will take effect only from 28.05.2014, since investigation is not completed.
Sd/-
THOMAS P. JOSEPH JUDGE /True Copy / NS P.A. To Judge