IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 Bail Appl..No. 6784 of 2011() ------------------------- C.R.No.74 of 2011 of Thiruvananthapuram Excise Range. PETTIONER/ACCUSED -------------------- SARASWATHY, AGED 56 YEARS, KALLUTHATTU CHARUVILA PUTHEN VEEDU, THETTIVILA DESOM, KALLIYOOR VILLAGE, THIRUVANANTHAPURAM TALUK. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6784 of 2011 ---------------------------------------------- Dated this the 05th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No.74 of 2011 of Thiruvananthapuram 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 11/08/2011, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of 800 ml. of Indian Made Foreign Liquor was seized from the possession of the petitioner. The petitioner surrendered before Excise Officer on 12/08/2011 and she was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in four other cases of similar nature registered in 2007, 2008 and 2011. 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. Bail Appln.No.6784/2011 : 2 : 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 the present stage of investigation, 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 `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Neyyattinkara, 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 and Thursdays for a period of two weeks and thereafter on 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. Bail Appln.No.6784/2011 : 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 skj