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2013 DIGILAW 962 (KER)

Prabha v. State of Kerala, represented by The Public Prosecutor, High Court of Kerala

2013-11-07

THOMAS P.JOSEPH

body2013
Judgment : 1. Petitioner is the accused, in Crime No.38 of 2013 of the Aryanad Excise Range office for the offences punishable under Secs.8(1) and (2) the Abkari Act, is in custody from 04.10.2013 and seeks bail. 2. Learned Public Prosecutor has submitted that the petitioner was found in possession of 1.5 litres of arrack on 11.07.2013 at 10.30 a.m. It is also submitted that the petitioner is involved in Crime No.32 of 2013 of the same excise range office for similar offences. 3. Learned counsel requested that the petitioner may be released on bail since she is in custody from 04.10.2013. 4. Having regard to the relevant circumstances of the case, I am inclined to grant bail but, subject to stringent conditions in order to prevent recurrence of such incidents in future. Resultantly, the application is allowed as under. Petitioner is granted bail in Crime No.38 of 2013 of the Aryanad Excise Range office and shall be released, if not required to be detained otherwise on her executing bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional magistrate and subject to the following conditions. (a) Bail bond shall be executed within three weeks from this day. (b) One of the sureties shall be a close relative of the petitioner. (c) Petitioner shall report to the investigating officer as and when required for interrogation at all reasonable time and places. (d) Petitioner shall not get involved in any offence during the period of this bail. (e) In case any of the above conditions is violated, it is open to the investigating officer to file application before the learned magistrate (until committal if any and thereafter before the learned Principal Sessions Judge concerned) for cancellation of the bail granted hereby, as held in P.K. Shaji V. State of Kerala (AIR 2006 SC 100).