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Judgment
Application for regular bail under Section 439 of Cr.P.C. The applicant is the sole accused in Crime No.12/2020 of Valanchery Police Station, Malappuram for having allegedly committed offence punishable under Sections 8(1) and 8(2) of the Kerala Abkari Act, 1077.
The prosecution case, in brief, is that on 13.01.2020 between 5 a.m. and 6 a.m. the applicant was found selling 4 litres of arrack in a building under construction at Kattipparuthi in Malappuram District. The applicant could not be apprehended and thereafter she surrendered on 23.3.2021 and was remanded to judicial custody. She has been in custody since then. The applicant seeks bail stating that she is 68 years old and that she is suffering from various ailments and may not be incarcerated any longer.
Heard the learned counsel for the applicant and the learned Public Prosecutor.
The learned Public Prosecutor submits that there is no record of any previous antecedents against the applicant. Considering the quantity of the liquor involved, the age of the applicant and the present pandemic situation, I find that further incarceration of the applicant may not be necessary. Hence, the Bail Application is allowed and the applicant is directed to be released on bail on execution of bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following conditions:-
(i) She shall appear before the investigating officer as and when called for.
(ii) She shall not get involved in similar cases during the currency of the bail.
(iii) She shall not tamper with evidence, intimidate or influence the witnesses.
In case of violation of the bail conditions, the prosecution is at liberty to move for cancellation of the bail before the jurisdictional court.