IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 Bail Appl..No. 4786 of 2009() ----------------------------------- CMP.5017/2009 of J.M.F.C.-I,NEDUMANGAD CRIME NO. 78/2009 OF ARYANAD EXCISE RANGE, THIRUVANATHAPURAM .................... PETITIONER/ACCUSED: ----------------------------------- SOBHANA @ SANTHA, D/O.THANKAMMA, CHARUVILAKATHU VEEDU, NEAR BHAJANAMADAM, KOTTAKKAKAM MURI, ARYANAD VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.S.RAJEEV RESPONDENT/STATE: ------------------------------ STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------- B.A. No. 4786 of 2009 ------------------------------------ Dated this the 25th day of August, 2009 O R D E R The petitioner is the accused in Crime No.78/2009 of Aryanad Excise Range, Thiruvananthapuram. 2. The prosecution case is that the petitioner was found transporting 2.5 litres of illicit arrack on 8/08/2009. The petitioner was arrested and illicit arrack was seized. Petition for bail was dismissed by the learned Magistrate under Annexue 1order . 3. The learned counsel for the petitioner and the learned Public Prosecutor were heard. 4. The learned counsel for the petitioner submitted that the petitioner was not involved in any other abkari offences earlier and she is prepared to abide by any conditions and as she has been in judicial custody since 8/08/2009, she may be released on bail. Learned Public Prosecutor submitted that the petitioner was not involved in any other case earlier. 5. Considering the quantity of illicit arrack seized, the period of detention and the fact that petitioner was not involved B.A. No. 4786/ 2009 2 in any other offence, the petitioner is to be granted bail on sufficient conditions. The petition is allowed. The petitioner shall be released on bail on her executing bond for Rs.20,000/- with two solvent sureties each for the like sum to the satisfaction of Judicial Magistrate of the First Class-I, Nedumangad, on the following conditions: 1.The petitioner shall appear before the Investigating officer between 10 A.M and 11A.M on every Monday and Friday for two months and thereafter as and when required by the Investigating officer. 2. The petitioner shall not induce, influence or threaten any of the witnesses from disclosing facts known to them to the Investigating officer and shall not interfere with the investigation. 3. The petitioner shall not leave the State without prior permission of the learned Magistrate. M. SASIDHARAN NAMBIAR JUDGE scm