~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.46/2014 of Kumbala Excise Range, Kasaragod registered for the offence punishable under Section 58 of the Abkari Act.
3. The allegation against the petitioner is that on 16.09.2014 at 6.15 p.m., he was found transporting 11 bottles, each containing 180 ml. of Indian Made Foreign Liquor, in contravention of the provisions of the Abkari Act. The petitioner has been in custody for the period from 16.09.2014 onwards.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
5. Learned Public Prosecutor has pointed out that the petitioner is accused in two other crimes of similar nature and that the petitioner is a habitual offender involved in similar offences.
6. It has come out that the final report has not been filed so far. Matters being so, this is a case wherein the petitioner is entitled to get compulsive bail under Section 167(2) Cr.P.C.
7. 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 Saturdays and Wednesdays, commencing from 22.11.2014 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) aks/19/11 // True Copy // PA to Judge