Sasikala v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 11TH DAY OF MARCH 2015/20TH PHALGUNA, 1936 Bail Appl..No. 1033 of 2015 () ------------------------------- CRIME NO. 14/2015 OF KARUNAGAPPALLY EXCISE RANGE, KOLLAM --------------------- PETITIONER / ACCUSED :
-------------------------------------- SASIKALA, AGED 51 YEARS W/O.CHANDRAN, AMBISSERIL PADEETTATHIL PAVUMBA NORTH MURI, PAVUMBA VILLAGE KARUNAGAPPALLY TALUK, KOLLAM DISTRICT.
BY ADVS.SRI.BINU GEORGE SMT.HEMALATHA RESPONDENT/STATE :
---------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SMT. LALIZA T.Y.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn
B.KEMAL PASHA, J.
- - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - B.A.No.1033 of 2015 D - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of March 2015
ORDER
Petition filed under Section 439 Cr.P.C.
2.
Petitioner is the accused in Crime No.14/2015 of Karunagappally Excise Range, Kollam registered for the offence punishable under Section 55(i) of the Abkari Act. 3.
The allegation against the petitioner is that on 31.1.2015 at 11.30 a.m., she was found engaged in selling Indian Made Foreign Liquor, in contravention of the provisions of the Abkari Act, and a quantity of 5.800 litres of Indian Made Foreign Liquor was seized from her possession. She has been in custody for the period from 31.1.2015 onwards.
4.
Heard learned counsel for the petitioner and the learned
B.A.1033/2015 Public Prosecutor.
5. The learned Public Prosecutor has pointed out that the petitioner is involved in 7 other Abkari cases also. It is true that the petitioner has got a series of similar criminal antecedents on her part. It seems that the investigation of this case is practically over. Continued detention of the petitioner in custody is not required for the continued investigation of the case. Having regard to the period undergone by the petitioner in custody and the fact that the petitioner is a woman, I am of the view that the petitioner can be enlarged on bail, as a last chance, in this case also, on stringent conditions.
6.
In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on her executing a bond for ₹1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and
B.A.1033/2015 conditions:- (i) The petitioner shall report before the Investigating Officer in between 9 am and 11 am on all Wednesdays and Saturdays commencing from 18.3.2015 for a period of six months.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail. Sd/- B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge