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Judgment
Bechu Kurian Thomas, J
This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
Petitioner is the accused in Crime No.82/2023 of Hosdurg Excise Range Office Kasaragod District. The offences alleged against the petitioner are under Section 58 of the Abkari Act, 1077.
According to the prosecution, 30.05.2023 the accused was found in possession of 1.5 liters of Indian Made Foreign Liquor intended for sale in Goa near to her residential house and thereby committed the offences alleged.
I have heard Sri.T.Madhu, learned Counsel for the petitioner and Sri.Manu P.G.learned Public Prosecutor.
Considering the nature of allegations and also taking into reckoning the period of detention already undergone from 30.05.2023, I am of the view that no purpose would be achieved by continuing the detention of the petitioner.
In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on her executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall she tamper with the evidence.
(d) Petitioner shall not commit any similar offences while she is on bail.
(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.