CHERIYAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, a 61 years old lady and who is the accused in C.R. No.33/2005 of Badiyadkka Range for an offence punishable under Sec.55(a) of the Abkari Act for allegedly having been found in possession of 5 litres of illicit arrack on 17.12.2005, seeks anticipatory bail.

(2.) The case against the petitioner is now pending before the J.F.C.M., Kasargod as C.P.No.295/2006.

(3.) The learned Public Prosecutor who was requested to ascertain the medical grounds put forward by the petitioner has, on instructions, confirmed that the petitioner has been undergoing psychiatric treatment for the past 4 or 5 years. In view of the above confirmatory instruction, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is directed to be released on bail for a period of one month in the event of her arrest in connection with the above case on her executing a bond for Rs. 15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M., Kasargod and subject to the following conditions:- 1. The petitioner shall make herself available for interrogation as and when required by the Investigating Officer. 2. The petitioner shall not influence or intimidate the prosecution witnesses nor shall she attempt to tamper with the evidence of the prosecution. 3. Petitioner shall not commit any offence while on bail. 4.Petitioner shall surrender before the concerned Magistrate within the above period of one month and seek regular bail. 5. The petitioner shall appear before the committal court as well as the trial court promptly on all the posting dates of the case. If the petitioner commits breach of any of the above conditions, the bail granted to her shall be liable to be cancelled.