IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 Bail Appl..No. 2742 of 2009 CRIME NO.18/2009 OF EXCISE RANGE KATTAKADA CMP.1238/2009 OF THE JUDICIAL FIRST CLASS MAGISTRATE, KATTAKADA PETITIONER: ACCUSED: -------------------- GOMATHY, D/O. KALLIYANI, AMBARATHALAKAL PUTHENVEEDU, ANTHIYOORKONAM, MALAYINKIL VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.SARIN PANICKER RESPONDENT: --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2742 OF 2009 ------------------------------------------------------ Dated this the 27th May, 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 sole accused in Crime No.18 of 2009 of the Excise Range, Kattakada. 2. The offence alleged against the petitioner is under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that the petitioner was found in possession of five litres of illicit arrack. The petitioner surrendered before the learned Magistrate on 6.5.2009 and since then she is in judicial custody. Learned Public Prosecutor submitted that the petitioner is involved in two other cases registered in the year 2008. 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. 2742 OF 2009 :: 2 :: 5. The petitioner shall be released on bail on his 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 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/