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Judgment
This is an application filed under Section 439 of the Code of Criminal Procedure.
Petitioner is the second accused in Crime No.42/2019, now re-registered as ECB-7/2020 of Thrithala Excise range, alleging offence punishable
under Sections 55(a) and 57(a) of the Kerala Abkari Act. He is in judicial custody from 17.12.2020.
Heard the learned counsel for the petitioner and the learned Public Prosecutor.
Learned counsel for the petitioner, referring to Annexure-1, attached to the Bail Application, submits that the Excise Circle Inspector, Ottappalam
had already laid a final report alleging offence punishable under Section 57(a) of the Abkari Act and later, a further investigation is undergoing, during
which the petitioner was arrested on 17.12.2020 and since then he is in custody. According to the learned counsel, the petitioner was the manager of
the toddy shop whereas all the licensees are already on bail.
Learned Public Prosecutor submits that further investigation is under way. Even though it is a matter involving transportation of 1000 litres spirit and
1320 litres of adulterated toddy, having regard to the sequence of events and since all the other accused are already on bail, there is no point in
continuing the detention of the petitioner, who is an employee under the licensee. Therefore, he shall be released on bail imposing certain conditions.
In the result, the bail application stands allowed. The petitioner shall 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 amount to the
satisfaction of the jurisdictional court;
(ii) The petitioner shall not cause any promise, intimidation or threat to the witnesses or try to influence the prosecution witnesses;
(iii) Petitioner shall not leave India without permission of the jurisdictional Court;
(iv) He shall appear before the investigating officer as and when required;
(v) The petitioner shall strictly abide the various guidelines issued by the State Government and the Central Government 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 committal/trial court, as the case may be, can cancel the bail in accordance with
law.