This is an application from regular bail filed by the accused in Crime No.1722/2014 of Sooranandu Police Station of Kollam District under Section 439 of Code of Criminal Procedure.
2. The case of the prosecution in nutshell was that the petitioner was found to be in possession of 550 ml of arrack on 30.11.2014 in violation of the provision of Abkari Act thereby he had committed the offence punishable under Sections 8(1) and (2) of the Kerala Abkari Act.
3. Learned Public Prosecutor opposed the application on the ground that investigation of the case is not over.
4. Heard both sides and perused the records.
5. The petitioner was arrested by the Sooranadu Police on 30.11.2014 alongwith 550 ml of arrack and utensils also. He was produced before the Court on 01.12.2014 and he is in jail from that day onwards. He is aged 85 years. The Public Prosecutor had no case that he had involved in any case of similar nature.
By this time, he might have understood the gravity of the offence and its consequences.
Considering the quantity of contraband seized and age and period of pretrial detention, this Court feels that bail can be granted to the petitioner with some stringent conditions.
The application is allowed with the following conditions.
1. The petitioner shall be released on bail on his executing bond for Rs.25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like sum to the satisfaction of the Judicial First Class Magistrate Court, Shasthamkotta.
2. The petitioner shall appear before the Investigating Officer on the last Saturday of every month between 9.00 a.m and 10.00 a.m till final report is filed.
3. The petitioner shall appear before the Investigating Officer for the purpose of interrogation as and when required in connection with the above crime in writing to do so till final report is filed.
4. The petitioner shall not intimidate or influence the witnesses.
5. The petitioner shall not involve in any other crime of similar nature during the period of bail.
6. The petitioner shall not leave Kollam District without getting prior permission either from the Judicial First Class Magistrate Court, Shasthamkotta or from the Court to which, the case will be committed for trial till the disposal of the case.
With the above conditions, this application is allowed.
Sd/-
K. RAMAKRISHNAN, JV JUDGE