Petitioner is accused in Crime No.28 of 2014 of the Chadayamangalam Excise Range Office for the offence punishable under Section 55(i) of the Kerala Abkari Act for alleged possession of IMFL for sale on 11.05.2014, is in custody since then and seeks bail.
2. I have heard the learned Public Prosecutor and the learned counsel for the petitioner.
3. It is submitted that 1.450 liters of IMFL and Rs.1150/- were seized from the possession of the petitioner on the relevant day and time. Petitioner is not reported to be involved in any other case from the Chadayamangalam Excise Range Office.
4. Having regard to the relevant circumstances, I am inclined grant relief to the petitioner but subject to stringent conditions.
Application is allowed as under:
(i) Petitioner is granted bail in Crime No.28 of 2014 of the Chadayamangalam Excise Range Office and shall be released on bail, (if not required to be detained otherwise) on his executing bond for Rs.20,000/- (Rupees twenty thousand only) with two 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.
(b) Petitioner shall report to the officer investigating the case on every Saturday between 10.00 a.m and 12.00 p.m for a period of two months or until filing of the final report whichever is earlier.
(c) Petitioner shall report to the officer investigating the case as and when required for interrogation.
(d) Petitioner shall not get involved in any offence during the period of this bail.
(e) Petitioner shall not intimidate or influence the witnesses.
(ii) It is made clear that in case any of condition Nos. (b) to (e) is violated, it is open to the Investigating Officer to seek cancellation of the bail granted hereby by moving application before the learned magistrate (until committal of the case if any, and thereafter, before the learned Principal Sessions Judge concerned) as held in P.K. Shaji V. State of Kerala (AIR 2006 Supreme Court 100).
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge