IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 Bail Appl..No. 4560 of 2009() ----------------------------- CRIME NO.4/2009 OF AMARAVILA EXCISE RANGE (THIRUVANANTHAPURAM) .................... PETITIONER/ACCUSED : ----------------------------------- SELVI, D/O.THANKAMMA, CHAMAVILA ROADARIKATHU VEEDU, PALIYODE DESOM, ANAVOOR VILLAGE. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): COMPLAINANT ---------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE EXCISE INSPECTOR, AMARAVILA EXCISE RANGE. PUBLIC PROSECUTOR P.RAVEENDRA BABU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4560 of 2009 --------------------------------------------- Dated this the 17th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.4 of 2009 of Amaravila Excise Range. 2. The offences alleged against the petitioner are under Sections 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 14.1.2009, the petitioner was found in possession of 4 litres of Indian made foreign liquor intended for sale. The petitioner was arrested in connection with another case on 18.7.2009 and her formal arrest was recorded in the present case on 4.8.2009. 4. 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. The petitioner shall be released on bail on her executing bond for Rs.25,000/- with two solvent sureties for the like BA No.4560/2009 2 amount to the satisfaction of the Judicial Magistrate of the First Class-III, Neyyattinkara, 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 csl