IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Bail Appl..No. 4729 of 2009() ----------------------------------------- CRIME NO.68/2009 OF ARYANAD EXCISE RANGE. PETITIONER/ACCUSED: -------------------------------------- PRABHA,D/O. SATHYABAMA, SEEMA NIVAS, KORANKUZHI, KOTTAKKAKAM MURI, ARYANAD VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENT/ STATE: ----------------------------------- STATE OF KERALA, RPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4729 of 2009 ------------------------------------ Dated this the 28th day of 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 Crime No.68/2009 of Aryanad Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 9/7/2009, the petitioner was found in possession of 5 litres of arrack. She surrendered before the court on 4/8/2009 and she was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in six other cases of a similar nature. The learned counsel for the petitioner submitted that hereafter the petitioner will not commit any offence of a similar nature and if she is granted bail, she will not involve in any other prejudicial activities. 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 B.A. No. 4729 /2009 2 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 Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Nedumangad subject to the following conditions:- A) The petitioner shall appear before the Investigating Officer on every day between 9 A.M. and 11 A.M., for a period of two weeks and thereafter on every Monday between 9A.M. and 11 A.M. until 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 scm