Petitioner is accused in Crime No.84 of 2012 of the Kayamkulam Excise Range Office for the offences punishable under Sections 8(1) and (2) of the Kerala Abkari Act, apprehends arrest and has filed this application.
2. Allegation is that on 21.07.2012 at about 05.50 p.m., 14 liters of arrack was seized from house of the petitioner.
Petitioner had filed B.A.No.5011 of 2013 for the same relief which this Court rejected. It is revealed that final report is filed in the JFMC-I, Harippad.
3. In the light of the above, custody of the petitioner is not required. I am inclined to take the above as a change of circumstance.
Application is allowed as under:
(i) Petitioner is granted bail in Crime No.84 of 2012 of the Kayamkulam Excise Range Office.
(ii) Petitioner shall surrender before the learned JFM-I, Harippad on or before 27.06.2014 at 10 a.m.
(iii) On such surrender the petitioner shall be released on bail (if not required to be detained otherwise) on her executing bond for 25,000/- (Rupees twenty five 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 the 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 in any offence during the period of this bail.
(d) Petitioner shall not intimidate or influence the witnesses.
(iv) In case the petitioner violates any of condition Nos.
(b) to (d), it is open to the investigating officer to move the learned magistrate (until committal of the case if any, and thereafter, before the learned Principal Sessions Judge concerned) for cancellation of the bail as held in P.K Shaji Vs. State of Kerala (AIR 2006 SC 100).
(v) It is directed that in case the petitioner does not surrender before the learned JFM as aforesaid, this order granting bail would cease to be effective on the expiry of time granted hereby.
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge