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Judgment
Justice P. Bhavadasan
Petitioner was apprehended with 3.75 litres of Karnataka origin arrack and was remanded to custody from 01.10.2012 onwards. Apart from contending that he is innocent and has been falsely implicated, the petitioner contended that his continued custody is unnecessary. Learned Public Prosecutor opposed the petition pointing out that the investigation is not yet complete.
Considering the nature of allegations, nature of contrabands seized, quantum of contraband seized, the fact that the petitioner has been in custody from 01.10.2012 onwards and also the fact that investigation must have progressed to a good extent by now, the continued custody of the petitioner seems to be unnecessary. Further, no apprehension has been expressed by the investigating agency that if released on bail the petitioner is likely to abscond. The petition is allowed and the petitioner is granted bail subject to the following conditions:
(1) The petitioner shall be released on bail on his executing a bond for Rs. 25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like sum each to the satisfaction of the JFCM-I, Hosdurg.
(2) The learned JFCM shall ensure the identity of the sureties and also the veracity of the tax receipts produced by them before granting bail to the petitioner.
(3) The petitioner shall report before the Investigating Officer on every Thursday between 9 a.m. and 10 a.m., till final report is filed.
(4) The petitioner shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses.
(5) If any of the condition is violated by the petitioner, the bail granted shall stand cancelled and the learned Magistrate concerned, on being satisfied of the said fact, may take such proceedings as are available to him in law.