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Judgment
Shircy V., J
The petitioner, who is the accused in Crime No. 41 of 2021 of Excise Range, Kuttampuzha registered for the offence punishable under Section 55(i) of the Kerala Abkari Act has moved this application for his release on bail.
The petitioner is in custody since 20.09.2021.
The prosecution case is that on 28.08.2021, the petitioner was found concealed 17 litres of Indian made foreign liquor in the premises of her residential house at Kuttampuzha Panchayat. When the Excise team came for seizure of the same on getting information, she fled away from the spot and so she could not be arrested. Thereby she has committed the aforesaid offences. She surrendered before the Investigating Officer subsequently, i.e. on 20.09.2021.
The learned counsel for the petitioner submits that she has not committed any offence as alleged by the prosecution and she has been falsely implicated in the case.
As per the report of the learned Public Prosecutor, she has no criminal antecedents and the investigation of the case is well in progress.
Having regard to the nature of the allegations against the petitioner, the quantity of the contraband involved, the period of detention undergone by her in custody, I am inclined to release her on bail.
Therefore, this application is allowed subject to the following conditions:
(i) The petitioner shall be released on bail on her executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand 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.