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Judgment
K.Haripal, J
Petitioner is the second accused in Crime No.84/2021 of Kottarakkara Excise Range, which was registered on 03.06.2021, after seizing 500 ml of
arrack from the residence of the first accused. Pleading innocence, he seeks his release on bail under Section 439 of the Code of Criminal Procedure.
He was arrested on 04.06.2021
Going by the prosecution records, at the time of search and seizure of the item, the petitioner was also present so that his active concert is alleged in
the incident.
I heard the learned counsel for the petitioner and also the learned Public Prosecutor.
The learned Public Prosecutor has testified that he has no criminal antecedents. He is in judicial custody from 04.06.2021 onwards and the
investigation has progressed.
In the said circumstance, his continued detention is not necessary and therefore, he can be released on bail on the following conditions:-
i) The petitioner shall execute a bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the trial court;
ii) He shall not try to contact or influence the witnesses or tamper with the evidence;
iii) Petitioner shall not leave India without permission of the jurisdictional Court;
iv) He shall appear before the committal/trial court as and when required;
v) The petitioner shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of
Covid 19 pandemic;
vi) If any of the above conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.
This bail application is allowed as above.
