Petitioner is accused in Crime No.31 of 2013 of the Nooranadu Excise Range office for the offences punishable under Secs.8 (1 ) and (2) of the Kerala Abkari Act for keeping 500 m.l. of coloured arrack for sale in the kitchen of her house on 08.03.2013, apprehends arrest and has filed the application. 2. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. Learned counsel submitted that the allegations are not true. According to the learned counsel the petitioner is falsely implicated. She has preferred a complaint to the Chief Minister on 13.03.2013.
4. Learned Public Prosecutor has submitted that as per the seizure mahazar, contraband was seized form the kitchen of the petitioner. It is submitted that final report is filed in the Judicial First Class Magistrate's Court (II), Mavelikkara on 09.04.2014.
5. Since final report is filed, I am persuaded to think that custodial interrogation of the petitioner is not required. Hence, I am inclined to grant relief to the petitioner but, subject to conditions.
The application is allowed as under.
I. Petitioner is granted bail in Crime No.31 of 2013 of the Nooranadu Excise Range.
II. Petitioner shall surrender before the learned Judicial First Class Magistrate (II), Mavelikkara on or before 12.06.2014.
III. On such surrender, learned magistrate shall release the petitioner ( if not required to be detained otherwise) on bail on her executing bond for Rs.20,000/- (Rupees Twenty thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions:
(a) One of the sureties shall be a close relative of the petitioner.
(b) Petitioner shall report to the officer who has investigated the case if and when required for interrogation at all reasonable time and place.
(c) Petitioner shall not get involved any offence during the period of this bail.
(d) Petitioner shall not intimidate or influence the witnesses.
(e) In case any of condition nos(b) to (d) is violated, it is open to the investigating officer to file application before the learned magistrate (until committal of the case if any, and thereafter before the learned Principal Sessions Judge concerned) for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).
(f) It is directed that in case the petitioner does not appear before the learned Judicial First Class Magistrate as aforesaid, this order will cease to be effective on the expiry of the time granted hereby.
Sd/-
THOMAS P. JOSEPH JUDGE NS