IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 Bail Appl..No. 5955 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.4684/2010 Dated 21/06/2011 CRMP.9235/2011 of J.M.F.C.-I, PUNALUR CRIME No.478 OF 2010 OF KULATHUPUZHA POLICE STATION .................... PETITIONER/ACCUSED :- ------------------------------------- MALLIKA, AGED 41 YEARS, SUMITHA BHAVAN 11TH MILE STONE, EZHAMKULAM, THINGALKARIKKAM VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT PRESENTLY RESIDING AT SUMITHA BHAVAN, 4TH MILE STONE, EZHAMKULAM, THINGALKARIKKAM VILLAGE, PATHANAPURAM TALUK, KOLLAM. BY ADV. SRI.S.BIJU (KIZHAKKANELA) RESPONDENT(S) :- -------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KULATHUPUZHA POLICE STATION, KOLLAM DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR MR.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt K.T.SANKARAN, J. --------------------------------- B.A.No.5955 OF 2011 --------------------------------- Dated this the 27th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.478 of 2010 of the Kulathupuzha Police Station, Kollam District. 2.The offences alleged against the petitioner are under Sections 55(a)(g) and 8 (1)(2) of the Abkari Act. 3.The prosecution case is that on 7.6.2010, a quantity of 20 litres of arrack and 350 litres of wash were seized from the residential compound of the petitioner. The petitioner could not be arrested as she was not available in the house. The petitioner surrendered before the court on 7.6.2011 and she was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the B.A.No.5955 OF 2011 2 petitioner is involved in Crime No.59 of 2009 of the Anchal Excise Range and Crime No.157 of 2004 of the Eroor Police Station. 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. 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-I, Punalur, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on every Monday, till the final report is filed or until further orders. B.A.No.5955 OF 2011 3 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 cms