Petitioner is accused in Crime No.55 of 2014 of the Kayamkulam Excise Range office for the offences punishable under Sec.55(i) of the Kerala Abkari Act for alleged possession of IMFL for sale on 18.02.2014, is in custody since 19.04.2014 and seeks bail. 2. I have heard the learned Public Prosecutor and the learned counsel for the petitioner.
3. Learned Public Prosecutor has opposed the application. It is submitted that 800 m.l. of IMFL was seized from the possession of the petitioner. The petitioner is also involved in Crime Nos.101 of 2008 and 92 of 2013 for the offences under the Kerala Abkari Act.
4. Learned counsel has submitted that the petitioner is a lady aged about 56 years and requested for bail.
5. Having regard to the relevant circumstances, I am inclined to grant bail to the petitioner but subject to stringent conditions to prevent recurrence of such incidents in future.
The application is allowed as under. Petitioner is granted bail in Crime No.55 of 2014 of the Kayamkulam Excise Range office and shall be released (if not required to be detained otherwise) on her executing bond for Rs.25,000/- (Rupees Twenty five thousand only) with two sureties for the like sum each to the satisfaction of the Jurisdictional 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 investigating the case as 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.
(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 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).
Sd/-
THOMAS P. JOSEPH JUDGE /True Copy / NS P.A. To Judge