Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.995 of 2014 of Kadakkavoor Station, Thiruvananthapuram District registered for the offences punishable under Sections 55(a) and (i) of the Abkari Act.
3. The allegation against the petitioner is that on 6.9.2014 he was found in possession of 3.90 Ltrs. of Indian Made Foreign Liquor, in contravention of the provisions of the Abkari Act.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned counsel for the petitioner has pointed out that no criminal antecedents have been reported against the petitioner. The contraband involved is a small quantity of Indian Made Foreign Liquor. He has been in custody for the period from 29.9.2014 onwards. Considering the facts and circumstances of the case, the small quantity of the contraband, and having regard to the period undergone by the petitioner in custody, I am of the view that the petitioner can be enlarged on bail on conditions.
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 Fridays and Mondays, commencing from 24-10-2014 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