IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 Bail Appl..No. 6999 of 2009() ----------------------------- CRIME NO.688/2009 OF ARYANAD POLICE STATION, THIRUVANANTHAPURAM .................... PETITIONER/ACCUSED --------------------------------------- OMANA, D/O.KOCHUPENNU, ERUMODE KUNNUMPURATHU VEEDU,KOTTAKKAKAM MURI, ARYANAD VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6999 of 2009 --------------------------------------------- Dated this the 8th day of December, 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.688 of 2009 of Aryanad Police Station, Thiruvananthapuram District. 2. The offence alleged against the petitioner is under Section 8(1) & (2) of the Abkari Act. 3. The prosecution case is that on 6.11.2009, the petitioner was found in possession of 7 litres of arrack and 40 litres of wash. She surrendered before court on 9.11.2009 and she was remanded to judicial custody. 4. The learned Public Prosecutor submitted that after completing the investigation, charge was laid in the case on 18.11.2009. 5. The learned counsel for the petitioner submitted that the petitioner is not involved in any other offence of similar nature. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.6999/2009 2 petitioner, the nature of the offence and also the fact that the charge was laid, 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.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Nedumangad, subject to the following conditions: a) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; b) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; c) 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