IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Bail Appl..No. 8309 of 2011() ------------------------- AGAINST THE ORDER DATED 01/10/2011 IN ORDER IN CMP.9899/2011 of J.M.F.C. - I, KARUNAGAPPALLY CR. NO.101/2011 OF KARUNAGAPALLY EXCISE RANGE, KOLLAM DISTRICT .................... PETITIONER : ACCUSED : ----------------------- SUMATHI, D/O.KALLYANI, PADANNAKUNNEL VEEDU, CLAPPANA THEKKUMURI, CLAPPANA VILLAGE, KARUNAGAPALLY TALUK BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT: --------------- STATE OF KERALA, REP.BY INSPECTOR, EXCISE RANGE , KARUNAGAPALLY THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PUBLIC PROSECUTOR SRI.DHANESH MATHEW THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8309 of 2011 ---------------------------------------------- Dated this the 13th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No.101 of 2011 of Karunagappally Excise Range, Kollam District. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 18/08/2011, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of one litre of Indian Made Foreign Liquor was seized from the possession of the petitioner. The petitioner could not be arrested as no woman police was available. The petitioner was thereafter arrested on 13/09/2011 and she was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner was involved in two abkari offences registered in the year 2009. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any Bail Appln.No.8309/2011 : 2 : other offence of similar nature, while on bail in the present case. This undertaking is recorded. 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. 6. The petitioner shall be released on bail on her executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagappally, 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. Bail Appln.No.8309/2011 : 3 : 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 skj True copy P.A. to Judge