IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Bail Appl..No. 7847 of 2009() -------------------------------------- CRIME NO.756/2009 OF ARYANAD POLICE STATION, THIRUVANANATHAPURAM. ................. PETITIONER /ACCUSED ------------------------- SUKUMARI, D/O. SARASWATHY, P.S.BHAVAN, MANJADININNAKUZHY, AP-III/38, AANAKKAYATHOUMOOLA, KOTTAKKAKAMMURY, ARYANAD VILLAGE. BY ADV. MR.T.A.UNNIKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 7847 of 2009 ------------------------------------ Dated this the 6th day of January, 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.756/2009 of Aryanad Police Station. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 17/12/2009, the petitioner was found in possession of 2 litres of arrack. She was arrested on the same date. The petitioner is in judicial custody since then. 4. After completing the investigation, charge was laid in the case on 21/12/2009. 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 also the fact that charge was laid in the case, I am of the view that bail can be granted to B.A. No. 7847 /2009 2 the petitioner. 6. The petitioner shall be released on bail on her executing bond for Rs.15,000/-with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Nedumangad subject to the following conditions:- A) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. C) 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