IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 19^TH DAY OF MAY 2023 / 29TH VAISAKHA, 1945 BAIL APPL. NO. 3883 OF 2023 AGAINST THE ORDER/JUDGMENTCMP 5232/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,NEDUMANGAD PETITIONER:

INDIRA@MARAMKERI INDIRA AGED 65 YEARS PULIMOOTTIL VEEDU, M. UTHUVILA, KALLARA VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM, PIN - 695541 BY ADV M.R.SARIN RESPONDENT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR OTHER PRESENT:

SR PP SRI P G MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Dated this the 19^th day of May, 2023 The petitioner is the sole accused in crime No.57/2023 of Vamanapuram Excise Range registered for the offence under Sec.55(i) of the Kerala Abkari Act. The Prosecution case is that, at 9 am on 04.05.2023, the petitioner was found in possession of 1.5 liters of Indian Made Foreign Liquor (IMFL) on the varanda of her house. The petitioner was arrested on

04.05.2023 and is continuing in custody.

2. The Counsel for the petitioner contended that mere possession of IMFL, that too within the permissible limit, will not attract the offence under Sec.55(i) of the Abkari Act. It is submitted that petitioner is a senior citizen and her continued custody is not required for the purpose of investigation.

3. Learned Public Prosecutor pointed out that the petitioner is involved in a crime of similar nature.

4. Considering that the quantity of liquor seized is within permissible limits and the petitioner is in custody from 04.05.2023 onwards, I am inclined to grant bail to her subject to the following conditions;

(i) Petitioner shall be enlarged on bail, on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like sum to the satisfaction of the court below.

(ii) Petitioner shall co-operate with the investigation and appear before the Investigating Officer as and when required.

(iii) The petitioner shall not get involved in any offence of similar nature while on bail.

If any of the conditions are violated, the investigation officer can approach the jurisdictional court seeking cancellation of bail.

Sd/-

V.G.ARUN JUDGE Nsd PETITIONER ANNEXURES Annexure1 THE TRUE COPY OF ORDER IN C.M.P NO.

5232/2023 BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT II DATED ON

09.05.2023.