IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 Bail Appl..No. 4551 of 2009() ----------------------------- CRIME NO.15/2009 OF AMARAVILA EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- SELVI, D/O.THANKAMMA, CHAMAVILA ROADARIKATHU VEEDU, PALIYODE DESOM, ANAVOOR VILLAGE. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE ADDL.SUB INSPECTOR OF POLICE, BALARAMAPURAM POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4551 of 2009 --------------------------------------------- Dated this the 14th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.15 of 2009 of Amaravila Excise Range. 2. The offence alleged against the petitioner is under Section 58 of the Abkari Act. 3. The prosecution case is that on 10.3.2009, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 4 litres of IMFL was seized from the petitioner. The petitioner was arrested on 15.7.2009 and she is in judicial custody since then. 4. The learned public prosecutor submitted that the charge sheet was filed in the case on 24.7.2009. 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 also the fact that the charge was laid, I am of the view that bail can be granted to the BA No. 4551/2009 2 petitioner. 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-III, Neyyattinkara, 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 csl