IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 Bail Appl..No. 1600 of 2010() ----------------------------- CMP.1190/2010 of J.M.F.C.,KUNNAMANGALAM C.R.NO. 43/2009 OF KUNNAMANGALAM EXCISE RANGE .................... PETITIONER/ACCUSED : ---------------------------- PADMINI, W/O.RADHAKRISHNAN, AGE 53 YEARS, KAMBALATHPURAYIL HOUSE, POOLAKODE AMSOM DESOM, KOZHIKODE DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT/COMPLAINANT & STATE : ---------------------------------------------- 1. EXCISE INSPECTOR, KUNNAMANGALAM EXCISE RANGE, KUNNAMANGALAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/03/2010 ALONG WITH BA NO. 1623 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. Nos. 1600 & 1623 of 2010 ------------------------------------ Dated this the 19th day of March, 2010 O R D E R These Bail Applications are filed by the accused in C.R. No. 43/2009 and Crime No. 32/2007 of Kunnamangalam Excise Range, Kozhikode, under Section 439 of the Code of Criminal Procedure. 2. Bail Application No. 1600/2010 relates to C. R. No. 43/2009 of Kunnamangalam Excise Range. The offence alleged therein is under Section 8(1)(2) of the Abkari Act. The prosecution case is that on 16.09.2009, the petitioner was found in possession of 2.5 litres of arrack. The petitioner surrendered before the Court on 03.03.2010 and she was remanded to judicial custody. 3. Bail Application No. 1623/2010 relates to Crime No. 32/2007 of Kunnamangalam Excise Range. The offence alleged therein is under Section 8(1)(2) of the Abkari Act. The prosecution case is that on 07.08.2007, the petitioner was found in possession of 4 litres of arrack. The petitioner surrendered before the Court on 03.03.2010 and she was remanded to judicial B.A. Nos. 1600 & 1623 of 2010 2 custody. 4. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 5. 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 also the undertaking, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on her executing bond for Rs.25,000/- in each case with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kunnamangalam 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. B.A. Nos. 1600 & 1623 of 2010 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 Applications are allowed as above. K.T. SANKARAN, JUDGE ln