IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 Bail Appl..No. 6423 of 2009() ----------------------------- CRIME NO.153/2009 OF SASTHAMCOTTA EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- SIVAMMA @ SIVANI,W/O.VASU, BHANUVILASOM (PLAMOOTTIL), SOUTH MYNAGAPPALLY MURI, MYNAGAPPALLY VILLAGE, KUNNATHOOR TALUK,KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE RANGE INSPECTOR, SASTHAMCOTTAH EXCISE RANGE,KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6423 of 2009 --------------------------------------------- Dated this the 5th day of November, 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.153 of 2009 of Sasthamcotta Excise Range. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 13.10.2009, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 650 ml. of IMFL was seized from the possession of the petitioner. The petitioner surrendered before court on 23.10.2009 and she was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in two other cases of similar nature. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail. This undertaking is recorded. 6. Taking into account the facts and circumstances of the BA No.6423 /2009 2 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.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Sasthamcotta, 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