IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 Bail Appl..No. 3830 of 2009 CRIME NO.323 OF 2009 OF BALARAMAPURAM POLICE STATION CMP.5152/2009 of J.M.F.C.-III,NEYYATTINKARA PETITIONER/ACCUSED: --------------------------------------- VASANTHA, D/O.THAI, THALAYAL NAGERTHALA, MELE PUTHEN VEEDU, THALAYAL DESOM, ATHIYANNOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.G.SUDHEER RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3830 OF 2009 ------------------------------------------------------ Dated this the 16th July, 2009 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.323 of 2009 of Balaramapuram Police Station. 2. The offence alleged against the petitioner is under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 1.7.2009, the accused was found engaged in the sale of illicit arrack. She was arrested on 1.7.2009. 4. It is submitted by the learned counsel for the petitioner that the petitioner is a lady aged more than 60 years and that the petitioner is suffering from acute epilopsy. 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. 3830 OF 2009 :: 2 :: 6. 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 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 ahz/