IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 Bail Appl..No. 6479 of 2009() ----------------------------- CRIME NO.51/2009 OF EXCISE RANGE, THIRUVALLA PETITIONER : ACCUSED ------------------------------ SOBHANA, AGED 50 YEARS W/O.RAMESHAN, MUKKALIDIMALIYIL HOUSE NIRANAM VADAKKUM BHAGAM MURI, KADAPRA VILLAGE THIRUVALLA TALUK. BY ADV. SRI.K.JAYARAJ RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE THIRUVALLA, THOUGH PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2009, ALONG WITH B.A.NO.6501/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.Nos.6479 & 6501 of 2009 --------------------------------------------- Dated this the 9th day of November, 2009 ORDER These are applications for bail under Section 439 of the Code of Criminal Procedure. The petitioner in these Bail Applications is the accused in Crime Nos.51 of 2009 and 30 of 2009 of Thiruvalla Excise Range. Bail Application No.6479 of 2009 relates to Crime No.51 of 2009 while Bail Application No.6501 of 2009 relates to Crime No.30 of 2009. 2. The offence alleged in Crime No.51 of 2009 is under Section 8(1) & (2) of the Abkari Act. The offence alleged in Crime No.30 of 2009 is under Section 55(g) of the Abkari Act. 3. The prosecution case in Crime No.51 of 2009 is that on 21.10.2009, the petitioner was found in possession of 5 litres of arrack. The petitioner was arrested on the same date and she was remanded to judicial custody. In Crime No.30 of 2009, the prosecution case is that on 29.6.2009, the petitioner was found in possession of 35 litres of wash. The formal arrest of the petitioner was recorded on 21.10.2009. BA Nos.6479 & 6501/2009 2 4. It is submitted by the learned counsel for the petitioner that the petitioner is aged 50 years and that her husband is ill. He had undergone a surgery. The learned counsel for the petitioner also submits that the petitioner undertakes not to commit any offence of similar nature, if bail is granted in these cases. This undertaking is recorded. 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 and also taking note of the aforesaid undertaking, 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 Rs.25,000/- in each case with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thiruvalla, 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; BA Nos.6479 & 6501/2009 3 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 Applications are allowed as above. K.T.SANKARAN, JUDGE csl