IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Bail Appl..No. 5207 of 2009() ----------------------------- CRIME NO.40/2009 OF KATTAKADA EXCISE RANGE .................... PETITIONER/ACCUSED: --------------------------------------- SOBHI, D/O.THANKAMMA, NANU BHAVAN, MANJARAMOOLA, MANNADIKKONAM, MARANALLOOR DESOM, MARANALLOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): COMPLAINANT: --------------------------- THE 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 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5207 of 2009 --------------------------------------------- Dated this the 5th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.40 of 2009 of Excise Range, Kattakada. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 25.8.2009, the petitioner was found in possession of 2 litres of arrack. She was arrested on the same date. The petitioner is in judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in six other cases. It is also stated that in C.R.No.72 of 2008 of Kattakada Excise Range, the petitioner was granted bail by the High Court, as per the order dated 15.12.2008, with a condition that the petitioner had to appear before the investigating officer twice in a week. It is also submitted that during the period while the petitioner was on bail in C.R.No.72 of 2008, the petitioner has committed the offence BA No.5207/2009 2 involved in the present case. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to involve in any activity contrary to the provisions of the Abkari Act and that she would not commit any offence of a similar nature, if bail is granted to her in the present case. This undertaking is recorded. 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 present stage of 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.50,000/- 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 every Tuesday and Friday, 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; BA No.5207/2009 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 csl