IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 Bail Appl..No. 5166 of 2011() ----------------------------- CRIME NO.22/2011 OF UDUMBANCHOLA EXCISE RANGE PETITIONER/ACCUSED ------------------------ ALEKUTTY, W/O. CHACKO, VALLAVASSERYKUDIYIL HOUSE, PARATHODUKARA, PARTHODU VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY DIRECTOR GENERAL OF PUBLIC PROSECUTION, HIGH COURT OF KERALA. 2. EXCISE INSPECTOR, UDUMBANCHOLA RANGE OFFICE, IDUKKI DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------------- Bail Appln.No.5166 of 2011 ----------------------------------------------------- Dated this the 04th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.22 of 2011 of the Udumbanchola Excise Range. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 17/03/2011, the petitioner was found to have kept 1.05 litres of Indian Made Foreign Liquor for sale. She was arrested on 14/05/2011. The petitioner is in judicial custody since then. 4. The learned Public Prosecutor submitted that the petitioner is an accused in four other cases. The learned counsel for the petitioner submitted that in three cases she was acquitted. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. Bail Appln.No.5166/2011 : 2 : 6. The petitioner shall be released on bail on her executing bond for `25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Nedumkandom, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE skj