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Judgment
Shircy V, J
Application for regular bail.
Petitioner is the sole accused in Crime No.122 of 2021 of Kayamkulam Excise Range Office registered for the offences punishable under Sections 3(1), 8(2) and 67B of the Kerala Abkari Act.
The petitioner has been in custody since 29.08.2021.
The prosecution allegation is that on 29.08.2021, the petitioner was found in possession of 10 litres of arrack and engaged in transportation of the same in a vehicle bearing No.KL-29B/B 8756 through the National Highway road at Kayamkulam in contravention of the provisions of the Abkari Act and thereby committed the aforesaid offences.
The learned counsel for the petitioner has raised a plea of false implication.
The learned Public Prosecutor would submit that the investigation of the case has progressed considerably and in fact it is practically over. He has no criminal antecedents also.
Having regard to the nature of the accusations levelled against the petitioner, the quantity of the contraband involved, the present stage of investigation and the period of detention undergone by him in judicial custody, I am inclined to release him on bail.
Therefore, this application is allowed subject to the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.