AI Structured Summary
Not yet generated for this judgment
Judgment
Shircy V, J
Application for regular bail.
The petitioner is the sole accused in Crime No.39/2021 registered by Pala Excise Range for the offences punishable under Sections 8(1), 8(2) & 55
(g) of the Kerala Abkari Act.
Petitioner has been in custody since 12.05.2021.
The prosecution case is that on 12.05.2021 acting on a tip off, the excise officials conducted search at the residence of this petitioner and found her
in possession of 3 liters of illicit arrack and 40 liters of wash and equipments kept for distillation of illicit arrack, in contravention of the provisions of
the Abkari Act and thereby she has committed the aforesaid offences.
The learned counsel for the petitioner has submitted that she is a divorcee aged 58 years, who is looking after her aged mother suffering from
various ailments. In fact, she has not committed any offence as alleged by the prosecution. Hence this application.
The learned Public Prosecutor has submitted that the investigation of the case has progressed considerably and she has not been
involved in any case under the Abkari Act.
Having regard to the present state of investigation, the pandemic situation of our country, the age of the petitioner as well the other facts and
circumstances involved in this case and also the period of detention undergone by her in custody, I think that she can be released on bail subject to the
following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to
the satisfaction of the court having jurisdiction.
(ii) The petitioner shall appear before the Investigating
Officer for interrogation as and when required by him, in writing.
(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him
from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.