IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Bail Appl..No. 1487 of 2010() ----------------------------- CRIME NO.19/2010 OF ARYANAD EXCISE RANGE .................... PETITIONER/ACCUSED : -------------------------------------- SHAILAJA, D/O.SARASWATHY, EDAVILAKATHU VEEDU, PARUTHIPALLY, KOKKUDIMURY, MANOORKKARA VILLAGE, NEDUMANGADU TALUK. BY ADV. SRI.M.R.SARIN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1487 of 2010 --------------------------------------------- Dated this the 22nd day of March, 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.19 of 2010 of Aryanadu Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) & (2) of the Abkari Act. 3. The prosecution case is that on 1.3.2010, the petitioner was found in possession of 10 litres of arrack. The petitioner was arrested on 1.3.2010 and she was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is also involved in Crime No.99 of 2008 of Excise Range, Aryanadu. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present 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, the present stage of BA No.1487/2010 2 investigation and also taking note of the aforesaid undertaking, 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, 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, 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