IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 Bail Appl..No. 756 of 2010() ------------------------------------- CRMP.504/2010 of J.M.F.C., HARIPAD CRIME NO.22/2010 OF VEEYAPURAM POLICE STATION. .................... PETITIONER/ACCUSED: -------------------------------------- USHA, W/O.RAMACHANDRAN, KATTARAKALATHIL VEEDU, WARD-1, CHERUTHANA PANCHAYATH, AYAPARAMPU PANDI MURI, CHERUTHANA VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT/COMPALINANT: ------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A. No. 756 of 2010 -------------------------------- Dated this the 11th day of February, 2010 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.22 of 2010 of Veeyapuram Police Station. 2. The offence alleged against the petitioner is under Section 55(a)(h)&(i) of the Abkari Act. 3. The prosecution case is that on 26/1/2010, the petitioner was found in possession of 1.5 litres of arrack. She was arrested on the same date. The petitioner is in judicial custody since then. 4. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other case of similar nature. 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. B.A. No. 756/ 2010 2 6. The petitioner shall be released on bail on her executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Haripad 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 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