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Judgment
V.G.Arun, J
This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
The petitioner is the accused in Crime No. 57/ 2023 of Kottarakkara Excise Range, Kollam, alleging commission of offences punishable under Sections 55(i) & 67 B of Kerala Abkari Act.
The crime is registered on the allegation that, on 01.05.2023, at about 3.30 p.m., the Excise party found the petitioner in possession of 40 liters of Indian-made foreign liquor (for short 'IMFL') kept on his motor cycle and stored inside his house. The petitioner was arrested on the same day and is continuing in custody.
The learned counsel for the petitioner contended that, merely because excess quantity of Indian-made foreign liquor was allegedly recovered from the petitioner's possession, that does justify the indefinite continuance of his custody.
The learned Public Prosecutor submitted that, as per instructions received, the petitioner is involved in another case of similar nature.
Taking into account the fact that, the allegation is of having possessed excess quantity of IMFL, I am inclined to grant bail, subject to stringent conditions.
Therefore, this petition stands allowed on the following conditions:
i. The petitioner shall be released on bail on his executing bond for Rs.1,00,000/- (Rupees one lakh Only) with two solvent sureties each for the like amount, to the satisfaction of the jurisdictional court concerned.
ii. The petitioner shall appear before the Investigating Officer on alternate Mondays, between 10.00 am to 11.00 am, till the final report is filed.
iii. The petitioner shall not intimidate the de facto complainant or influence the witnesses in any manner.
iv. The petitioner shall not get involved in any other crime while on bail.
v. If any such event is reported or comes to the notice of this Court, that shall be a reason for cancelling the bail.