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Judgment
Application for regular bail under Section 439 of Cr.P.C. The applicant is the sole accused in Crime No.39/2021 of Nattukal Police Station for
having allegedly committed offences punishable under Sections 8(1) & (2) of the Kerala Abkari Act.
The prosecution case, in brief, is that on 10.02.2021 at about 6.10 p.m. the applicant was travelling in an autorickshaw bearing registration No. KL
10 L 7402 and the autorickshaw was intercepted and he was found to be in possession of 2 litres of arrack intended for sale and thus he was
apprehended and remanded to judicial custody and continues in custody.
The applicant states that he is innocent and the allegations are not true and that he may be released on 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 involved, I find that
further detention of the applicant may not be required.
Hence, the application is allowed and the applicant is directed to be released on bail on execution of 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.