High CourtsSingle Bench(2024) 05 KL CK 0064

Greeshma K.J. vs State Of Kerala

High Court Of Kerala · Decided on 10 May 2024

HON’BLE JUDGES
Johnson John, J
RESULT
Dismissed
CASE NUMBER
Bail Application No.3796 Of 2024

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Judgment

12 paragraphs · 384 words

Johnson John, J.

1.

This is an application seeking regular bail.

2.

The petitioner is the 3rd accused in Crime No.361/2024 of Narakkal Police Station, Ernakulam District, registered for the offence under Section 55(a) (i) of the Kerala Abkari Act.

3.

The prosecution case is that the 1st accused is the husband of the 3rd accused and the 2nd accused is his brother in law and that on 29.03.2024, at 12.05 hrs, 84 half litre bottles of Indian Made Foreign Liquor were recovered from the bedroom of the house bearing No.IX/607 of Elamkunnapuzha Village, where the 1st accused is residing, and one half bottle of Indian Made Foreign Liquor and Rs.5,500/- (Rupees Five Thousand Five Hundred only) were recovered from the terrace of the house bearing No.IX/608A, and it is alleged that the said contraband items were illegally stocked by accused Nos.1 to 3 for illegal sale, and they are thereby, alleged to have committed the offences as aforesaid.

4.

In the petition, it is stated that the contraband items are not recovered from the possession of the petitioner and that the petitioner has no connection with the said items alleged to be recovered in this case. It is pointed out that the petitioner is in custody from 29.03.2024 and that the investigation of this case is almost over and therefore, her further detention in custody is not at all required.

5.

The learned Public Prosecutor has no serious objection in granting bail subject to stringent conditions.

In the result, this application is allowed on the following conditions:

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional Court;

(ii) The petitioner shall appear before the Investigating Officer in Crime No.361/2024 of Narakkal Police Station, Ernakulam District, on all Saturdays at 11.00 a.m. till the final report is filed;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence any witness in the above said crime;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the above conditions are violated, the Investigating Officer in Crime No.361/2024 of Narakkal Police Station, Ernakulam District, can file application before the jurisdictional Court, for cancellation of bail.