IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 Bail Appl..No. 3726 of 2009() ----------------------------- CMP.3821/2009 IN CRIME NO.30/09 OF MAVELIKARA EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- CHINNAMMA BABY, W/O. BABY, PUTHUPURACKAL HOUSE, KIZHAKKEVAZHI MURI, THRIPPERUMTHURA VILLAGE, MAVELIKKARA TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ B.A.No.3726 of 2009 ------------------------------- Dated this the 9th day of July, 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.30 of 2009 of Mavelikara Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 28.4.2009, the petitioner was found in possession of 30 litres of spirit. The petitioner surrendered before the court on 11.6.2009 and she was remanded to judicial custody. The petitioner moved Bail Application No.3362 of 2009 for regular bail, which was dismissed by this Court on 29.6.2009. 4. Learned public prosecutor submitted that the petitioner is involved in several other cases. 5. Learned counsel for the petitioner submitted that the petitioner is prepared to comply with any conditions and that she will not involve herself in any prejudicial activity including commission of similar offence. 6. Taking into account the facts and circumstances of the BA No.3726/2009 2 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 amount to the satisfaction of the Judicial Magistrate of the First Class, Chengannur, 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