IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 Bail Appl..No. 4381 of 2009 C.R.NO.10 OF 2009 OF MAVELIKKARA EXCISE RANGE CRMP.1999/2009 of ADDL.DISTRICT COURT-I,MAVELIKKARA PETITIONER/ACCUSED: --------------------------------------- VIJAYAMMA, W/O.KRISHNANKUTTY, KALEECKAL VADAKKETHIL, KANNAMANGALAM NORTH KANNAMANGALAM VILLAGE, MAVELIKKARA TALUK. BY ADV. SRI.K.JAYARAJ RESPONDENT: COMPLAINANT: --------------------------- KERALA STATE, REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, MAVELIKKARA, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4381 OF 2009 ------------------------------------------------------ Dated this the 7th August, 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 C.R.No.10 of 2009 of Mavelikkara Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 22.1.2009, the petitioner was found in possession of 3.5 litres of arrack. The petitioner was arrested on 14.7.2009. 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. B.A. NO. 4381 OF 2009 :: 2 :: 5. 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 – I, Mavelikkara, 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/