IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 Bail Appl..No. 2777 of 2009() ----------------------------- CMP.9448/2009 of J.M.F.C., KAYAMKULAM CRIME NO.372/09 OF KAYAMKULAM POLIC STATION PETITIONER ------------------------------ SUMANGALA, AGED 43 YEARS W/O.PUSHKARAN, MEENATHERI VADAKKATHIL KMC-WARD-22,PULLIKKANAKKU MURI, KAYAMKULAM VILLAGE. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): --------------- STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA REP BY SUB INSPECTOR, KAYAMKULAM POLICE STATION. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2777 of 2009 ----------------------------------------- Dated this the 26th May, 2009 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.372/2009 of Kayamkulam Police Station. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) and 55(a)(i) of the Abkari Act. 3. The prosecution case is the accused was found in possession of 5 litres of arrack. The accused was arrested on 9.5.2009 and she was produced before the learned Magistrate on 10.5.2009. The petitioner is in judicial custody. 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. BA.2777/09 2 5. The petitioner shall be released on bail on her executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kayamkulam, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 AM and 11 AM 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 vgs.