Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943 BAIL APPL. NO. 6164 OF 2021 CRIME NO. 107 OF 2021 OF SASTHAMCOTTA EXCISE RANGE, KOLLAM PETITIONER/SOLE ACCUSED: MINI S., AGED 44 YEARS W/O. DASAN, ANU NIVAS, PADINJATTAM KIZHAK, SOORANADU NORTH P. O., KOLLAM DISTRICT, PIN - 690 561. BY ADV NAVEEN RADHAKRISHNAN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. 2 THE SUB INSPECTOR OF POLICE SASTHACOTTA EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. OTHER PRESENT: SREEJA.V- SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Dated this the 30th day of September, 2021 Apprehending arrest in connection with Crime No. 107 of 2021 of Sasthamcotta Excise Range registered for the offences punishable under Sections 8(i) and (ii) read with Section 55(i) of the Kerala Abkari Act, the petitioner has filed this application under Section 438 of the Code of Criminal Procedure.
2. The prosecution allegation is that on 09.07.2021, on
getting secret information, the Excise party conducted a raid in the house of this petitioner and seized one litre of arrack and four litres of Indian made foreign liquor concealed for sale in contravention of the provisions of the Kerala Abkari Act and thereby she has committed the aforesaid offences.
3. The learned counsel for the petitioner submits that the petitioner is a widow and she is residing along with her minor children. She has not committed any offence as alleged by the prosecution.
4. The learned Public Prosecutor has submitted that though
the petitioner was present at the time of seizure of the contraband article, she was not arrested due to the restrictions owing to Covid-19. Now the investigation is in progress. It is further reported that she has no criminal antecedents.
5. This petitioner, a lady, is a widow. She has no criminal
antecedents also. Considering the quantity of the contraband involved as well the other facts and circumstances involved in this case, especially the fact that she is a lady having no criminal antecedents, this application is disposed of directing the petitioner to surrender before the Investigating Officer on 08.10.2021 at 11 a.m. Upon her surrender, after interrogation, and recording her arrest, she shall be released on bail on the very same day subject to the following conditions:
(i) The petitioner shall execute 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 Investigating Officer.
(ii) She shall appear for interrogation before the Investigating Officer as and when required by him in writing.
(iii) She 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) She shall not commit any offence while on bail. In case of violation of any of the above conditions, the jurisdictional court is empowered to cancel the bail in accordance with the law. Sd/- SHIRCY V. JUDGE sb