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Judgment
The applicant is the sole accused in Crime No.25 of 2021 of Agali Excise Range, Palakkad, for having allegedly committed offences punishable
under Sections 58 and 67(B) of the Kerala Abkari Act. The prosecution case, in brief, is this:
On 06.02.2021, at about 7.15 PM, the Agali Excise party and the IB Palakkad party, conducting a joint vehicle checking intercepted a Scooter
bearing Reg.No.TN 40 M 7527, while the applicant was driving the same near Anganawadi at Karayur-Kottathara public road. On seeing the Excise
officials, the applicant fled away from there. He approached this Court for anticipatory bail. He was directed to surrender. Accordingly, he
surrendered before the Investigating officer on 16.02.2021. He was remanded to Judicial custody. His application for bail before the jurisdictional
court was dismissed. And, hence, he has approached this Court for indulgence. The applicant submits that he has no criminal antecedents. And,
therefore, seeks bail.
Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor admits that the applicant
has no criminal antecedents. Considering the fact that he has no criminal antecedents, further incarceration of the applicant may not be necessary.
In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/-(Rupees Fifty
thousand only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:
(i) He shall appear before the Investigating Officer as and when called for.
(ii) He shall not intimidate or influence witnesses and tamper with evidence.
(iii) He shall not get involved in similar offences during the currency of the bail period.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
The bail application is allowed.