Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.1108/2014 of Thenmala Police Station, Kollam District registered for the offences punishable under Sections 55(a) and (i) of the Abkari Act.
3. The allegation against the petitioner is that on 1.10.2014 at 10.15 a.m., she was found engaged in selling Indian Made Foreign Liquor in contravention of the provisions of the Abkari Act, and a quantity of 1.335 Litres of Indian Made Foreign Liquor was seized from her possession. The petitioner has been in custody for the period from 1.10.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor. It has been reported that the petitioner is an accused in another Abkari case, which is presently pending as a Sessions Case, which involves unlawful possession of 3.700 litres of Indian Made Foreign Liquor. It seems that the investigation of this case is practically over. The petitioners have been in custody for the period from 4.11.2014 onwards. Continued detention of the petitioner in custody is not required for the continued investigation of the case. The petitioner is a woman. Even though there is one criminal antecedent on her part, having regard to the period undergone by her in custody, and the present stage of investigation, I am satisfied that the petitioner can be enlarged on bail as a last chance.
5. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his 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 am and 11 am on all Thursdays and Mondays, commencing from 27.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself 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 dl // TRUE COPY // PA to Judge