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Judgment
Petitioner herein is the sole accused in Crime No.119 of
2017 of Nooranad Excise Range in Alappuzha district for offence
punishable under section 55(i) of the Kerala Abkari Act.
Prosecution alleges that on 13.05.2017 at 6.30 p.m.,
petitioner herein was found in possession of 1.975 litres of IMFL.
Alleging that the petitioner was in possession of IMFL intended for
the purpose of sale, he was arrested and is in custody. He seeks
bail.
Learned Public Prosecutor on instructions submitted
that the petitioner herein is involved in yet another case under
section 55(a) of the Abkari Act. Though the petitioner herein has
antecedents of getting involved in identical offence, still,
considering the fact that substantial quantity was not recovered
from the petitioner, I am inclined to grant bail to the petitioner
subject to the following conditions.
(i) Petitioner shall execute a bond for a
sum of Rs.50,000/- (Rupees fifty thousand only)
with two sureties for the like sum each to the
satisfaction of the jurisdictional Court.
(ii) He shall appear before the Investigating
Officer on all Tuesdays between 9 a.m. and 10 a.m.
for a period of two months from the date of his
release.
(iii) He shall not threaten, coerce or
intimidate the de facto complainant and the
witnesses nor shall he interfere in the process of
investigation.
(iv) He shall not get involved in any other
identical offences.
The bail application is allowed as above.
