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Judgment
K.T. Sankaran, J.—This is an application for bail u/s 439 of the Code of Criminal Procedure. The Petitioner is the sole accused in CR No. 59 of 2009 of the Anchal Excise Range, Kollam District.
The offences alleged against the Petitioner are under Sections 55(g) and 8(1) & (2) of the Abkari Act.
The prosecution case is that on 7.8.2009, a quantity of 500 litres of wash and 10 litres of arrack were found kept in the residential premises of the Petitioner. The Petitioner could not be arrested as she was not available in the house. The Petitioner surrendered before the court on 7.6.2011 and she was remanded to judicial custody. The learned Public Prosecutor submitted that the Petitioner is involved in Crime No. 478 of 2010 of the Kulathupuzha Police Station and Crime No. 157 of 2004 of Eroor Police Station for having committed similar offence. The learned Counsel for the Petitioner submitted that the Petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded.
Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the Petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the Petitioner.
The Petitioner shall be released on bail on her executing bond for Rs. 25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Punalur, subject to the following conditions:
A) The Petitioner shall report before the investigating officer between 9 A.M and 11 A.M on every Thursday, till the final report is filed or until further orders.
B) The Petitioner shall appear before the investigating officer for interrogation as and when required;
C) The Petitioner shall not try to influence the prosecution witnesses or tamper with the evidence.
D) The Petitioner shall not commit any offence or indulge in any prejudicial activity while on bail.
E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.
The Bail Application is allowed as above.