IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 Bail Appl..No. 7605 of 2009() ---------------------------------- CRMP.4695/2009 of J.M.F.C., ADOOR O.R. NO.15/2009 OF ADOOR EXCISE RANGE .................... PETITIONER/ ACCUSED: ---------------------------- VALSAMMA @ ROSAMMA, AGED 38 YEARS, W/O.SAKARIA, KANNAMATHU PUTHEN VEETTIL, KADAMPANADU VADAKKU MURI, KADAMPANADU VILLAGE, ADOOR TALUK. BY ADVS. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7605 of 2009 ------------------------------------ Dated this the 23rd day of December, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in O.R. No. 15/2009 of Adoor Excise Range. 2. The offence alleged against the petitioner is under Section 8 (1)(2) of the Abkari Act. 3. The prosecution case is that on 02.06.2009, the petitioner was found in possession of one litre of arrack. The petitioner was arrested on 04.11.2009 in connection with Crime No.58/2009 of Adoor Excise Range. Formal arrest of the petitioner was made in the present case on 28.11.2009. She is in judicial custody since then, in the present case. 4. The learned counsel for the petitioner submitted that the petitioner was involved in three other cases and bail was granted by this Court in all the three cases as per the order dated 02.12.2009 in Bail Application Nos. 6821/2009, 6770/2009 and 6628/2009. While disposing all those Bail Applications, the undertaking made by the petitioner that she will not indulge in any prejudicial activities was also recorded. B.A. No. 7605 of 2009 2 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. 6. The petitioner shall be released on bail on her executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Adoor 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 and Thursdays, 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 ln