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Judgment
A. Badharudeen, J
The sole accused in crime No.221/2022 of Kodakara Police Station is the petitioner herein and he seeks regular bail in this petition.
Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail.
Prosecution allegation is that on 28.03.2022 at 14.45 p.m, the accused possessed 35 litre of Indian Made Foreign Liquor in his scooter bearing registration No.Kl-64-C-476 against the prohibitions contained in the Kerala Abkari Act and thereby committed the offence under Section 55(a) of the Kerala Abkari Act.
The learned counsel for the petitioner, who pressed for granting bail, would submit that the petitioner has no criminal antecedents and the investigation is over. Therefore, further custody of the petitioner is not necessary and he is liable to be released on bail.
Though the learned Public Prosecutor pointed out the quantity as 35 litre of IMFL, he also submitted that the investigation already completed and final report filed in this matter.
To be on the facts of this case, the petitioner has no criminal antecedents. Investigation is already completed. Therefore, further custody of the petitioner, who has no criminal antecedents, is not necessary. In view of the matter, the petition is liable to be allowed.
In the result, petitioner can be released on bail on the following conditions:
i. The petitioner shall be released on bail on their executing bond for Rs.30,000/- (Rupees Thirty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Magistrate court concerned.
ii. The petitioner shall co-operate with COVID-19 restrictions.
iii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.
iv. The petitioner shall appear before the Investigating Officer as and when directed.
v. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.
vi. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported to came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.