IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 Bail Appl..No. 3070 of 2009 CRIME NO.118 OF 2008 OF ARYANAD EXCISE RANGE CMP.2803/2009 of J.M.F.C.-I,NEDUMANGAD PETITIONER/ACCUSED -------------------------------------- VASANTHI,D/O. SROJINI, VISHNU NAGAR HOUSING BOARD, NO.3 VEEDU,KOTTAKKAKAM MURI ARYANAD VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3070 OF 2009 ------------------------------------------------------ Dated this the 19th June, 2009 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.118 of 2008 of Aryanad Excise Range. 2. The offence alleged against the petitioner is under Sections 8 (1) and (2) of the Abkari Act. 3. The prosecution case is that on 9.10.2008, the accused was found transporting 1.5 litres of arrack. She was not arrested as there was no woman police constable. Later, the petitioner was arrested in Crime No.315 of 2009 of Aryanad Police Station and in the present case, her arrest was recorded on 29.5.2009. The petitioner is in judicial custody. 4. 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. B.A. NO.3070 OF 2009 :: 2 :: 5. 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, Nedumangad, 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 ahz/