~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.69/2014 of Kunnamangalam Excise Range registered for the offences punishable under Sections 8(1) and (2) and 55(g) of the Abkari Act.
3. The allegation against the petitioner is that on 22.09.2014 at 8.30 p.m. she was found in possession of 5 litres of arrack, 15 litres of wash and the implements for brewing arrack at her house. The petitioner has been in custody for the period from 25.09.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. The learned Public Prosecutor has pointed out that the petitioner is the accused in two other similar cases and both the said cases are pending as Sessions Cases at present, which are pending trial. If the criminal antecedents alone are considered, bail cannot be granted to the petitioner. At the same time, the fact that the petitioner is a woman has also to be considered. As a last chance, this Court is of the view that bail can be granted to the petitioner on conditions.
6. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on her executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Fridays and Tuesdays, commencing from 21.11.2014 for a period of six months.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make herself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/18/11 // True Copy // PA to Judge