IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 Bail Appl..No. 5086 of 2009() ----------------------------------- CRIME NO. 122/2009 OF KARUNAGAPPALLY EXCISE RANGE .................... PETITIONER/2ND ACCUSED: ------------------------------------------ RAJANI, D/O.DEVAKI, KOLEDUTHU PADEETTATHIL HOUSE, KOTTAKKUPURAM MURI, KULASEKHARAPURAM VILLAGE, KARUNAGAPPALLY. BY ADVS. SRI. K.SIJU SRI.A.MUHAMMED RAFFI RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY EXCISE CIRCLE INSPECTOR, KARUNAGAPPALLY EXCISE RANGE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5086 of 2009 ------------------------------------ Dated this the 10th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.122/2009 OF Karunagappally Excise Range. 2. The offences alleged against the petitioner are under Sections 8 (1) and (2) and Section 55 (g) of the Abkari Act. 3. The prosecution case is that on 23.07.2009, the first accused was found transporting 20 litres of arrack on a Scooter. On seeing the Excise Party, he ran away. Later a search was conducted in a house in which the first accused was said to be residing. When the Excise Party visited the house, they found the second accused distilling arrack. A quantity of 100 litres of arrack and 530 litres of wash were seized from the house. Apart from that, a sum of Rs. 38,000/- was also found in the house, which according to the prosecution represented the sale proceeds of illicit arrack. The petitioner was arrested on 23.07.2009 and she is in judicial custody. 4. The petitioner had filed Bail Application No. 4509/2009 B.A. No. 5086 of 2009 2 under Section 439 of the Code of Criminal Procedure. That application was dismissed by me as per the order dated 14.08.2009. 4. 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. 5. The petitioner shall be released on bail on her executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagappally 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 B.A. No. 5086 of 2009 3 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