IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 Bail Appl..No. 5975 of 2011() ----------------------------- CR NO..64/2011 OF ARYANAD EXCISE RANGE .................... PETITIONER(S): ACCUSED --------------------------- SHYLAJA, D/O.SARASWATHI, EDAVILAKATHU PUTHEN VEEDU, THINAVILA, KOKKUDI MURI, MANNORKARA VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5975 of 2011 --------------------------- Dated this the 28th day of July, 2011 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 CR No.64 of 2011 of Aryanad Excise Range, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 6.6.2011, the petitioner was found in possession of 10 litres of arrack. She was arrested on 6.6.2011 and she was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in C.R.No.63 of 2011 of the same Excise Range. BA 5975/2011 2 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature, while on bail in the present case. 6. 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 and also considering the undertaking made by the petitioner, 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 ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakkada, 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; BA 5975/2011 3 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