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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 accused in O.R. No.62/2023 of Payyanur Excise Range, alleging offences punishable under Sections 8(1) & (2) and 67(B) of the Abkari Act.
According to the prosecution, the accused was found transporting 6 litres of illicit arrack in a motor scooter bearing Registration No. KL-59-N-8614 and thereby committed the offences alleged.
Sri. Anuroop, the learned counsel for the petitioner, contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that the petitioner was arrested on 06.05.2023 and has been in custody since then.
Smt. T.V.Neema, the learned Public Prosecutor submits that, the prosecution allegations are serious. Even though petitioner has no criminal antecedents, releasing him at this juncture would cause prejudice to the investigation.
On appreciation of the nature of allegations, I am of the view that, since petitioner has no criminal antecedents, the continued detention would amount to punishment prior to conviction and therefore, petitioner is entitled to be released on bail
Accordingly, I allow this application 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 Judicial First Class Magistrate Court, Payyannur.
b) Petitioner shall appear before the Investigating Officer as and when required.
c) Petitioner shall not commit any similar offences while he is on bail.
d) Petitioner shall not leave India until conclusion of trial.
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.