Indira vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

Petitioner is the sole accused in Crime No.175 of 2022 of the Excise Range Office, Adoor registered alleging commission of offences punishable under Section 55(i) of the Abkari Act.

Prosecution case is that on 10.09.2022 at 11.45 a.m. the petitioner was found in possession of 2.8 litres of IMFL which was kept for sale, by the side of Pandalam-Mavelikkara road near Iranikuzhi bridge and thus committed the abovesaid offences.

Petitioner submits that she is in custody from 10.09.2022 onwards and has no other criminal antecedents. Petitioner further submits that she has been falsely implicated in the abovesaid crime.

Learned Public Prosecutor though opposed the application for bail submitted that the petitioner has no other criminal antecedents.

Considering the facts and circumstances of the case and also taking into consideration the fact that petitioner is in custody from 10.09.2022 onwards and that the petitioner has no other criminal antecedents, I am inclined to grant bail to the petitioner. 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 a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(ii) She shall appear before the investigating officer in Crime No.175 of 2022 of the Excise Range Office, Adoor on all Saturdays at 11.00 a.m. until filing of final report.

(iii) She shall not attempt to interfere with the investigation or to influence any witness in the abovesaid crime.

(iv) She shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the investigating officer in Crime No.175 of 2022 of the Excise Range Office, Adoor may file an application before the jurisdictional court, for cancellation of bail.