IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 Bail Appl..No. 39 of 2010() ----------------------------- CMP.6419/2009 of J.M.F.C.-I,KOYILANDY C.R.NO. 56/2009 OF KOYILANDY EXCISE RANGE, KOZHIKODE DISTRICT .................... PETITIONER/ACCUSED : --------------------------- DEVI, W/O.LATE VELAYUDHAN, AGED 59 YEARS, KALIYATH MEETHAL VEETTIL, ARIKKULAM AMSOM, MARUTHUR DESOM, KOYILANDY TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT: ---------------------------------- STATE OF KERALA THROUGH THE EXCISE INSPECTOR, KOYILANDY EXCISE RANGE,KOZHIKODE DISTRICT,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY SRI. V.TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.39 of 2010 ------------------------------------ Dated this the 11th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No. 56/2009 of Koyilandy Excise Range, Kozhikode District. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 11.11.2009, the petitioner was found in possession of 2.5 litres of arrack. The petitioner was arrested on 30.12.2009 and she was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is not involved in any other offence of similar nature. 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. B.A. No.39 of 2010 2 6. The petitioner shall be released on bail on her executing bond for Rs.15,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Koyilandy 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 ln