Madhavi .M vs State Of Kerala

P.G. Ajithkumar, J

This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973.

The petitioner is the accused in Crime No.181/2023 of Hosdurg Excise Range Office, Kasargod. She allegedly had committed an offence punishable under Section 55(i) of the Abkari Act.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The prosecution allegation is that on 14/12/2023 at about 5 pm the petitioner was found in possession of 7.5 liters of Indian made Foreign liquor. She possessed the same for the purpose of sale and hence she has committed the offence under Section 55(i) of the Abkari Act.

The petitioner would contend that she did not involve in the alleged crime and without any material or evidence, she has been implicated in the crime. She is innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for her further detention.

The learned Public Prosecutor would submit that considering the seriousness of the offence and the possibility of interfering with the investigation by the petitioner in the event of her release on bail, this petition deserve only to be dismissed.

The learned counsel for the petitioner would submit that the petitioner being a widow, she is entitled to have a lenient view in the matter of grant of bail. Considering the quantity of the liquor possessed by the petitioner, it can be inferred that she possessed it for the purpose of sale. The bar under Section 41A of the Abkari Act gets attract to this case, in view of the learned Public Prosecutor.

It is submitted that the petitioner possessed such a quantity of liquor on a misconception. After considering the matter in detail and the circumstances in which the petitioner was happened to be arrested, I am of the view that the prohibition to grant bail under Section 41A (b)(i)(ii) of the Abkari Act need not apply to this case. In the circumstance, I am of the view that the petitioner can be granted bail.

In the result, the bail application is allowed and the petitioner is granted bail on her executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the learned Magistrate, subject to the following conditions:

(i) She shall not influence or intimidate witnesses or tamper with evidence;

(ii) She shall appear before the investigating officer as and when called for; and

(iii) During the bail period, she shall not get involved in any offence.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.