IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 Bail Appl..No. 751 of 2010() -------------------------------------- CR NO.59/2009 OF EXCISE RANGE, KATTAKADA, THIRUVANANTHAPURAM DIST. ................ PETITIONER/ACCUSED ----------------------------------- VALSALA, S/O.KARTHI, SANTHOSH BHAVAN, MARANALLOOR VILLAGE, TRIVANDRUM. BY ADV. MR.M.R.SARIN PANICKER RESPONDENT(S): -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 751 of 2010 ------------------------------------ Dated this the 11th day of February, 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.59/2009 of Kattakada Excise Range. 2. The offences alleged against the petitioner are under Sections 55(a) and 58 of the Abkari Act. 3. The prosecution case is that on 11/12/2009, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of 4 litres of Indian Made Foreign Liquor was seized from the possession of the petitioner. The petitioner surrendered before the court on 13/1/2010 and she was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in four other cases of similar nature. 5. The petitioner had filed B.A. No.317/2010. That application was dismissed by the order dated 25/1/2010. 6. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar B.A. No. 751/2010 2 nature while on bail in the present case. This undertaking is recorded. 7. 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 undertaking, I am of the view that bail can be granted to the petitioner. 8. The petitioner shall be released on bail on her executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakada 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 and Thursdays for a period of two months and thereafter on 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. B.A. No. 751/2010 3 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 scm