IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 Bail Appl..No. 355 of 2010 CRIME NO.44 OF 2007 OF NILESHWAR EXCISE RANGE PETITIONERS/ACCUSED --------------------------------------- KARICHI.K.M,AGED 60 YEARS, W/O.KUNHIKORAN,KUNDEN MOOLA, P.O,KARIKULAM, MADIKAI VILLAGE. BY ADV. SMT.T.SUDHAMANI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 355 OF 2010 ------------------------------------------------------ Dated this the 27th 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.44 of 2007 of Nileshwar Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 23.10.2007, the petitioner was found in possession of five litres of arrack. The petitioner was arrested in connection with Crime No.3 of 2010 on 11.1.2010. Her formal arrest was recorded in the present case on the same date. The petitioner was produced before the learned Magistrate and she was remanded to judicial custody. The petitioner is in custody since 11.1.2010. B.A. NO. 355 OF 2010 :: 2 :: 4. It is submitted by the learned counsel for the petitioner that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. The above undertaking is recorded. 5. The learned Public Prosecutor submitted that, after completing investigation, charge was laid in the case. 6. 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 fact that charge was laid in the case, I am of the view that bail can be granted to the petitioner. 7. 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 – II, Hosdurg, subject to the following conditions: a) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; B.A. NO. 355 OF 2010 :: 3 :: 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 ahz/