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Judgment
Viju Abraham, J
This is an application for regular bail.
The petitioner is the sole accused in Crime No.61/2022 of Neeleswaram Excise Range Office, Kasaragod District, alleging commission of offence punishable under Sections 55(g), 8(1) r/w Section 8(2) of the Kerala Abkari Act.
The prosecution allegation is that, while Preventive Officer and party, Excise Range Office, Neeleswaram were on patrolling, they got tip that the petitioner is keeping distilled arrack and wash for manufacture of arrack at her husband's house. They reached the place at 4.30 p.m. on 28.05.2022 and found the petitioner by the shed behind that house. The Women Police Officer restrained the petitioner and from her possession, a jerrican of ten liters full of arrack and 150 liters of wash were found and was taken into custody along with the contrabands.
4 .The learned counsel for the petitioner submitted that the petitioner was arrested on 28.05.2022 and that she is continuing in custody. It is also submitted that the petitioner is innocent and she has no other criminal antecedents.
The learned Public Prosecutor seriously opposed the bail application, but submitted that she has no criminal antecedents.
Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is a first time offender and she is in custody from 28.05.2022 onwards, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:
(i) The petitioner shall execute 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) Petitioner shall appear before the investigating officer in Crime No.61/2022 of Neeleswaram Excise Range Office, Kasaragod District on every Saturday at 11 am, until filing of final report;
(iii) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.61/2022 of Neeleswaram Excise Range Office, Kasaragod District may file an application before the jurisdictional court, for cancellation of bail.