1. This is an application for regular bail.

2. The petitioner is the sole accused in Crime No. 67 of 2022 of the Kuttippuram Excise Range Office, Malappuram District, alleging commission of offences punishable under Section 55(i) and 67(b) of the Abkari Act.

3. The prosecution allegation is that at about 7.30 p.m. on 31-12-2022 the petitioner was found in possession of 7 Litres of Indian Made Foreign Liquor near Kadampuzha Junction in Kadampuzha. The further allegation is that the petitioner was also engaged in illicit sale of IMFL in a motor bike bearing Registration Number KL-55-Q-531 and thereby the accused has committed the aforesaid offences.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. The learned counsel for the petitioner submitted that he has been falsely implicated in the aforesaid crime and he was arrested on 31-12-2022 and is in custody since then.

6. The learned Public Prosecutor opposed the application for bail mainly contending that the petitioner was found in possession of 7 Litres of Indian made foreign liquor near Kadampuzha Junction in Kadampuzha and also engaged in illicit sale of IMFL. The learned Public Prosecutor further submitted that the petitioner is involved in offence of a similar nature.

7. Considering the facts and circumstances of the case and the nature of the allegations and considering the fact that the petitioner is in custody from 31.12.2022 onwards and that he has no other criminal antecedents, I am inclined to grant bail to the petitioner but taking into consideration the seriousness of the allegation the same shall only be on stringent conditions.

In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No. 67 of 2022 of the Kuttippuram Excise Range Office, Malappuram District, as and when required for the purpose of the investigation,

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No. 67 of 2022 of the Kuttippuram Excise Range Office, Malappuram District,

(iv) The petitioner shall not involve in any other crime while on bail.

8. If any of the aforesaid conditions are violated, the investigating officer in Crime No. 67 of 2022 of the Kuttippuram Excise Range Office, Malappuram District, may file an application before the jurisdictional court, for cancellation of bail.