IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 Bail Appl..No. 4630 of 2009() ------------------------------- CRIME NO. 36/2009 OF EXCISE RANGE, KOYILANDI, KOZHIKODE ....................... PETITIONER/1ST ACCUSED: ------------------------------------------ SAVITHRI, W/O SREEDHARAN, PAKATHUMPOYIL VEETTIL, CHEMMENCHERRY AMSOM, POOKKAD DESOM, KOYILANDI. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------- B.A. No. 4630 of 2009 ------------------------------------ Dated this the 25th day of August, 2009 O R D E R The petitioner is the first accused in C.R. No.36/2009 of Koyilandi Excise Range, Kozhikode registered under Section 55(a) of the Abkari Act and Rule 9 of Foreign Liquor Rules. 2. The prosecution case is that the petitioner along with two other persons were found in possession of 26 bottles of Indian made foreign liquor each having 750 ml and thereby committed the offence. 3. The petitioner surrendered before the Magistrate on 1/08/2009 and since then she is in judicial custody. Bail Application filed by the petitioner was dismissed by the Magistrate on the same day. 4. The learned counsel for the petitioner and the learned Public Prosecutor were heard. 5. The learned counsel for the petitioner submitted that the petitioner was not involved in any other case and considering the period of detention, she may be granted bail. Learned Public B.A. No. 4630/2009 2 Prosecutor submitted that no other offence was reported as against the petitioner earlier to this incident. 6. Considering the quantity of Indian made foreign liquor seized, the period of detention and the fact that the petitioner was not involved in any other offences of this nature earlier, she could be granted bail on sufficient conditions. 7. The petition is allowed. The petitioner shall be released on bail on her executing bond for Rs.20,000/- with two solvent sureties each for the like sum to the satisfaction of Judicial Magistrate of the First Class, Koyilandy, on the following conditions: 1.The petitioner shall appear before the Investigating officer between 10 A.M and 12 Noon on every Monday and Friday for two months and thereafter as and when required by the Investigating officer. 2. The petitioner shall not induce,influence or threaten any of the witnesses from disclosing facts known to them to the Investigating officer and shall not interfere with the investigation. B.A. No. 4630/2009 3 3. The petitioner shall not leave the State without prior permission of the learned Magistrate. M. SASIDHARAN NAMBIAR JUDGE scm