IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 Bail Appl..No. 2761 of 2009() --------------------------------------- CMP.1737/2009 of J.M.F.C.-I,NEYYATINKARA .................... CRIME NO.21/2009 OF NEYYATINKARA EXCISE RANGE PETITIONER/ACCUSED: -------------------------------------- SAROJAM, AGED 55,D/O.PARUKUTTY VADAKKE THYTHOTTAM VEEDU, THOZHUKKAL DESOM PERUMPAZHUTHOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.T.PRADEEP RESPONDENT: ------------------ THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. SRI. C.M. KAMMAPPU, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2761 of 2009 ------------------------------------ Dated this the 23rd day of May, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal procedure. The petitioner is accused in Crime No.21/2009 of Neyyattinkara Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that the accused was found transporting 1½ litres of arrack. The petitioner was arrested on 7/05/2009. She is in judicial custody. 4. 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. 5. 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, Neyyattinkara subject to the following conditions:- B.A. No. 2761/2009 2 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 scm