IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Bail Appl..No. 1840 of 2010() ---------------------------------- CMP.3163/2010 of J.M.F.C.-I, KOTTARAKKARA C.R.NO. 19/2010 0F EZHUKONE EXCISE RANGE, KOLLAM DISTRICT .................... PETITIONER/ACCUSED NO.1 : ---------------------------------- KUNJUMOL SAJAN, MULLAKKAL VEEDU, EDAVATTOM, KARUVELIL, PAVITHRESWARAM, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, EZHUKONE, KOLLAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1840 of 2010 ------------------------------------ Dated this the 29th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in C.R.No.19/2010 of Ezhukone Excise Range, Kollam District. 2. The offence alleged against the petitioner is under Section 55(a)(i) of the Abkari Act. 3. The prosecution case is that on 13.03.2010, a quantity of 6,750 litres of spirit was found unauthorizedly kept in a room attached to the cattle shed situated in the residential compound of accused No.1. It is alleged that the spirit was transported and kept there by accused Nos. 2 and 3. 4. The petitioner was arrested on 13.03.2010 and she was remanded to judicial custody. 5. The learned counsel for the petitioner submitted that the petitioner is a house wife and that she is innocent. In paragraph 3 of the Bail Application, it is stated thus: “It is submitted that the petitioner is innocent of the offences alleged against her. The petitioner had no knowledge with regard to the contraband. B.A. No. 1840 of 2010 2 She is a house wife living with her 3 children, two daughters and one son. The youngest daughter is only aged 2 years. Her husband is now working abroad. He went abroad only in the month of January 2010 and he only given the building in question to the 2nd accused, Rajendran. In fact, the building was given for the purpose of keeping the building materials to be used for the purpose of newly constructing house of the said Rajendran at the next compound of the petitioner. The said Rajendran is a plumper by profession. Neither the petitioner nor her husband had reason to doubt the said Rajendran. As the house of said Rajendran is demolished and started construction of his new house, he has taken a nearby house on lease for his residential purpose and also taken on lease the room attached to the cattle shed of the petitioner for the purpose of keeping the building materials.” 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 also the fact that the petitioner is a house wife and she is having three children as B.A. No. 1840 of 2010 3 mentioned above, I am inclined to grant bail to the petitioner. 7. 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-I, Kottarakara 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. 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