IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Bail Appl..No. 3831 of 2009() ------ ----------------------------- CMP.2404/2009 of J.M.F.C.-I,NEYYATINKARA CRIME NO. 21/2009 OF THIRUPURAM EXCISE RANGE .................... PETITIONER/ACCUSED: ------------------------------------ RAJESWARI, D/O. KAMALAKSHY, KALAVARA MELE VEEDU, ARANGAMUGHAL, ATHIYANNOOR DESOM, NEYYATTINKARA TALUK. BY ADV. SRI.GOPAN RESPONDENT/COMPLAINANT: ------------------------------------------- EXCISE INSPECTOR, THIRUPURAM EXCISE RAGNE, THIRUVANANTHAPURAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3831 of 2009 ---------------------------- Dated this the 22nd day of July, 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 Crime No. 21/2009 of Thirupuram Excise Range. 2. The offences alleged against the petitioner are under Sections 8 (1) and (2) of the Abkari Act. 3. The prosecution case is that, the petitioner was found transporting 2.50 litres of arrack on 20.05.2009. The petitioner surrendered before the court on 18.06.2009 and she is in judicial custody. The public prosecutor submitted that the petitioner is involved in seventeen other cases. 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 on stringent conditions. 5. The petitioner shall be released on bail on her executing bond for Rs.25,000/- with two solvent sureties each B.A. No. 3831 of 2009 2 for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Court-1 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, Wednesdays and Saturdays 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