IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Bail Appl..No. 4232 of 2009 CRIME NO.22 OF 2009 OF THIRUVALLA EXCISE RANGE CRMP.4012/2009 of J.M.F.C.,THIRUVALLA PETITIONER/ACCUSED -------------------------------------- PONNAMMA, D/O.SAROJINI, CHANDRA BHAVAN VEEDU, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK. BY ADV. SRI.R.GIREESH VARMA RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, THIRUVALLA, EXCISE RANGE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4232 OF 2009 ------------------------------------------------------ Dated this the 3rd August, 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 C.R.No.22 of 2009 of Thiruvalla Excise Range. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 24.4.2009, the petitioner was found engaged in the sale of 800 ml of Indian made foreign liquor. The petitioner was arrested on 15.7.2009. She is in judicial custody. 4. Learned Public Prosecutor submitted that charge was laid in the case on 30.7.2009. 5. Taking into account the facts and circumstances of the B.A. NO. 4232 OF 2009 :: 2 :: case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the fact that charge was laid, 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 for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thiruvalla, 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 ahz/