IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 9574 of 2011() ----------------------------- CMP.7834/2011 of J.M.F.C.-I, CHENGANNUR Crime No.74 of 2011 of Chengannur Excise Range, Alappuzha District. .................... PETITIONER/ACCUSED -------------------------------------- THULASI, AGED 42 YEARS, W/O. RAMACHANDRAN, CHAZHIYARIL VEEDU, KORATTISSERI VILLAGE,CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY P.P.SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 9574 OF 2011 --------------------------------- Dated this the 25th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.74 of 2011 of Chengannur Excise Range, Alappuzha District. 2.The offences alleged against the petitioner are under Sections 8(1) &(2) and 55(g) of the Abkari Act. 3.The prosecution case is that on 1.11.2011, the petitioner was found in possession of 10 litres of arrack. She was arrested on 1.11.2011. 4. The learned Public Prosecutor submitted that the petitioner is involved in two other Crimes registered in the year 2008 and 2009. The learned counsel for the petitioner B.A.No. 9574 OF 2011 2 submitted that the petitioner undertakes not to commit any offence of similar nature, while on bail in the present case. This undertaking is recorded. 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 `25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chengannur, 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 B.A.No. 9574 OF 2011 3 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. F) 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 cms