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Judgment
Application for regular bail under Section 439 Cr.PC.
The applicant is an accused in Crime No.56/2020 of Kayamkulam Excise Range for having allegedly committed offences punishable under Section
55(g) of the Abkari Act.
The prosecution case, in brief, is that the Excise Inspector, Kayamkulam Excise Range and his party found the accused in possession of 34.5 litres
of wash stored in a white container at Mannathukulam junction, Puthuppally Village. The applicant was not apprehended and he approached this Court
for anticipatory bail by filing BA No.5493/2020 and this Court directed the applicant to surrender before the investigating officer. Consequently, he
was remanded to judicial custody and his Bail Application was dismissed by the jurisdictional Magistrate. The applicant seeks indulgence of this Court
stating that the case has been falsely foisted out of personal vendetta and hence, seeks bail.
Heard the learned counsel appearing for the applicant and the learned Public Prosecutor.
The applicant has been in custody since 5.11.2020. Considering the antecedents of the applicant and the quantity of the liquor involved and the
present pandemic situation, I find that further incarceration of the applicant may not be necessary. He is therefore directed to be released on bail on
execution of a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional
court and on the following conditions:
(i) He shall appear before the investigating officer as and when called for and co-operate with the investigation.
(ii) He shall not attempt to influence or intimidate the witnesses or tamper with evidence.
(iii) He shall not get involved in similar offences during the currency of the bail.
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 as above.