IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 20TH MAY 2011 / 30TH VAISAKHA 1933 Bail Appl..No. 3765 of 2011() ----------------------------- CRMP.2263/2011 of J.M.F.C.-II,PATHANAMTHITTA EXCISE CRIME NO.32 OF 2011 OF KONNI EXCISE RANGE .................... PETITIONER (S): ACCUSED --------------------------- SULOCHANA, AGED 46 YEARS, W/O. SOMAN, PUSHPAMANGALATH VEEDU, KAITHAKKARA, V-KOTTAYAM VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH SRI.PRAKASH KESAVAN RESPONDENT(S): COMPLAINANT -------------------------- 1. THE EXCISE INSPECTOR, KONNI EXCISE RANGE, PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K.BALAKRISHNAN, J. ---------------------------------------------- B.A.No.3765 of 2011 ---------------------------------------------- Dated this the 20th day of May, 2011 O R D E R Petitioner is the accused in Excise Crime No.32 of 2011 of Konni Excise Range. It was registered under Section 55(i) of the Abkari Act. Petitioner was arrested on 2.5.2011. His bail application was dismissed by the trial Court. 2. The material allegation is that the petitioner was in possession of 900 ml of Indian made foreign liquor kept for sale. 3. Petitioner seeks regular bail. 4. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records. 5. Since 2.5.2011 she has been in judicial custody. Considering the period of detention already undergone by the accused and in view of the submission made on behalf of the accused that she will abide any condition that may be imposed on her, the accused is granted bail subject to the following conditions: BA.3765/11 2 i. The accused shall execute a bond for Rs.25,000/- with two solvent sureties for the like sum to the satisfaction of the Judicial First Class Magistrate- II, Pathanamthitta. in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. ii. The accused shall make herself available for interrogation by the investigating officer and that she should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. iii. The accused shall produce her original passport before the learned Magistrate. If she is not having any valid passport, she should file an affidavit regarding the same before the Magistrate. iv. The accused will also file an affidavit that she will abide by all the conditions as mentioned above and that she will not commit any offence similar to the offence involved in this case and that 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 her from disclosing such facts to the BA.3765/11 3 court or to any police officer or tamper with the evidence. v. The accused and the sureties shall not leave the jurisdiction of the Judicial First Class Magistrate's Court, Hosdurg without the prior permission of the learned Magistrate. vi. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. vii. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioner shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K.BALAKRISHNAN, JUDGE vgs