Petitioner is accused, in Crime No.22 of 2014 of the Nileshwar Excise Range office for the offences punishable under Secs.8(1) and (2) of the Abkari Act for alleged possession and transportation of 5 liters of illicit arrack on 11.04.2014 and is in custody from 12.04.2014 and seeks bail.
2. I have heard the learned counsel for the petitioner and the learned Public Prosecutor. Learned Public Prosecutor has submitted that the petitioner is also involved in Crime No.14 of 2011 for similar offence.
3. Having heard both sides, I am inclined to think that further custody of the petitioner is not required. Hence I am inclined to grant bail but subject to conditions.
Resultantly this application is allowed as under:
(i) Petitioner is granted bail in Crime No.22 of 2014 of the Nileshwar Excise Range Office and shall be released, if not required to be detained otherwise on his executing bond for `25,000/- (Rupees Twenty Five Thousand Only) with three sureties for the like sum each to the satisfaction of the jurisdictional magistrate and B.A.No.3070 of 2014 2 subject to the following conditions:
(a) Whether or not he/she has landed properties, one of the sureties shall be the father/mother/brother/close relative of the petitioner.
(b) Petitioner shall report to the Officer investigating Crime No.22 of 2014 of the Nileshwar Excise Range Office on every alternate Saturday between 10 a.m and 12 p.m until filing of the final report.
(c) Petitioner shall report to the Investigating Officer as and when directed for interrogation.
(d) Petitioner shall not, during the period of this bail get involved in any offence.
(e) Petitioner shall not intimidate or influence the witnesses.
(f) In case of violation of any of condition Nos.(b) to (e), bail granted hereby is liable to be cancelled by moving application before the learned magistrate until committal if any and thereafter before the learned Principal Sessions Judge as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
Sbna Sd/-
THOMAS P.JOSEPH, JUDGE.
True Copy P A to Judge