IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 Bail Appl..No. 6246 of 2011() ----------------------------- CRIME NO.51/2011 OF HOSDURG EXCISE RANGE .................... PETITIONER (S): ACCUSED -------------------- K.RADHIKA,AGED 20 YEARS, D/O.LEELA, MOOLAKKANDAM COLONY, ANANUR VILLAGE, HOSDURG TALUK BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. THE S.H.O.HOSDURG EXCISE RANGE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6246 of 2011 --------------------------- Dated this the 4th day of August, 2011 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 Crime No.51 of 2011 of Hosdurg Excise Range, Kasaragod. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 15.7.2011, the petitioner was found in possession of 5 litres of arrack. She was arrested on the spot on 15.7.2011 and she was remanded to judicial custody. 4. It is submitted that the petitioner is a woman, aged 20 years. 5. Taking into account the facts and circumstances of BA 6246/2011 2 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. The petitioner shall be released on bail on her executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Hosdurg, 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; BA 6246/2011 3 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