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Judgment
Application for regular bail under Section 439 of Cr.P.C. Applicant is the sole accused in Crime No.270/2021 of Poovar Police Station, Thiruvananthapuram for having allegedly committed offence punishable under Section 55 (i) of the Kerala Abkari Act.
The prosecution case, in brief, is that on 09.03.2021, the applicant was found to be in possession of 4 bottles of Indian Made Foreign Liquor having capacity of 500ml each. He was apprehended and remanded to judicial custody. He submits that he has no criminal antecedents and therefore, he seeks regular bail
Heard the learned counsel for the applicant and the learned Public Prosecutor.
The learned Public Prosecutor admits that the applicant has no criminal antecedents. Considering this fact and also the quantity of the liquor involved and the present pandemic situation, I find that further incarceration of the applicant may not be necessary. Hence, 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 conditions:-
(i) He shall appear before the investigating officer as and when called for.
(ii) He shall not tamper with evidence, intimidate or influence the witnesses.
(iii) He shall not get involved in similar offences during the currency of the bail.
In case of violation of any bail condition, the prosecution is at liberty to apply for cancellation of the bail before the jurisdictional court.