IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 Bail Appl..No. 3545 of 2010() ----------------------------- CRMP.1627/2010 of J.M.F.C.,ALATHUR .................... (CRIME NO.12/2010 OF ALATHUR EXCISE RANGE, PALAKKAD) PETITIONER/ACCUSED ------------------------------ JAYASREE @ SUMITHRA,AGED 26 YEARS, D/O.PANEER SELVAM, KAMARAJN NAGAR, THANCHAVUR, TAMIL NADU. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESETNED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,REPRESENTING THE EXCISE INSPECTOR, ALATHUR EXCISE RANGE, PALAKKAD DISTRICT. PUBLIC PROSECUTOR MR. C.M. NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 3545 of 2010 ------------------------------------ Dated this the 15th day of June, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 55 (a) of the Abkari Act. According to prosecution, petitioner (A1) along with other accused (A2) were found transporting 576 litres of spirit in a Maruthi Alto Car on 15.04.2010 at about 6 P.M. Second accused ran away and petitioner was arrested from the spot. 3. Learned counsel for petitioner submitted that petitioner is a woman, she was travelling in the car along with the daughter and she has not involved in any crime. She has nothing to do with the articles seized. Petitioner was arrested on 15.04.2010 and she has completed 60 days of custody. Charge sheet has not been laid. Hence, in view of Section 167(2) of the Code of Criminal Procedure, she is entitled for bail. 4. Learned Public Prosecutor pointed out that petitioner belongs to Tamil Nadu. It is likely that she will abscond, if bail is granted. B.A. No. 3545 of 2010 2 5. On hearing both sides, I am satisfied that bail can be granted on conditions. In view of Section 167(2) of the code of Criminal Procedure petitioner is entitled for bail. Hence the following order is passed: Petitioner shall be released on bail on her executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall report before the Investigating Officer on every Monday and Thursday, between 10 A.M. and 1 P.M., until further orders. ii) Petitioner shall not leave the limits of the Excise Range, within which the case is registered. iii) Petitioner shall not influence or intimidate any witnesses or tamper with the evidence. iv) In case, petitioner is involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln