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Judgment
Bechu Kurian Thomas, J
This is an application for regular bail filed under section 439 of the Code of Criminal Procedure 1973.
Petitioner is the sole accused in Crime No.555/2023 of Koratty Police Station, Thrissur district. The offence alleged against the petitioner are punishable under section 55(a) (i) of the Abkari Act, 1077.
According to the prosecution, on 03.06.2023 the accused was found in possession of 4.4 litres of Indian Made Foreign Liquor, kept for the purpose of sale, in violation of the Abkari Act and thereby committed the offences alleged.
I have heard Sri.N.L.Bitto., the learned counsel for the petitioner and Smt.Sreeja V., the learned Public Prosecutor.
The petitioner is 72 years old. He is alleged to have committed offences under Section 55(a) and (i) of the Abkari Act for possessing 4.4 litres of Indian Made Foreign Liquor illegally. Taking into reckoning the period of detention already undergone from 03.06.2023, I am of the view that the petitioner ought to be released on bail subject to conditions.
In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.