IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 Bail Appl..No. 7821 of 2009() ----------------------------- CRIME NO.534/2009 OF KULATHOOPUZHA POLICE STATION, KOLLAM DISTRICT .................... PETITIONER/ACCUSED -------------------------------------- THANKAMONY, D/O.GOURI, PRADEEP VILASAM @ PAZHAVARA VEEDU, PRAKKULAM CHADUPPU, 11TH MILE, EZHAMKULAM MURI, THINKALKARIKKOM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.PAULY MATHEW MURICKEN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE SUB INSPECTOR OF POLICE, KULATHOOPUZHA POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7821 of 2009 --------------------------------------------- Dated this the 5th day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.534 of 2009 of Kulathoopuzha Police Station. 2. The offences alleged against the petitioner are under Section 8(1) & (2) and Section 55(a), (b), (g) & (h) of the Abkari Act. 3. The prosecution case is that on 11.12.2009, the petitioner was found engaged in the distillation of arrack. A quantity of 2 litres of arrack and 75 litres of wash were also seized. The petitioner was arrested on 11.12.2009 and she was remanded to judicial custody. 4. The learned counsel for the petitioner submitted 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 BA No.7821/2009 2 investigation, I am of the view that bail can be granted to the petitioner. 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 Punalur, 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 csl