IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 Bail Appl..No. 876 of 2010() ---------------------------- CRIME NO.81/2010 OF PARASSALA POLICE STATION PETITIONER/ACCUSED: ----------------------------------- VISWAMMA, AGED 60 YEARS, KUMBHAMVILA VEEDU, NEAR KOTTAMAM PUTHUKULAM, ARAYOOR DESOM, CHENKAL VILLAGE. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S): STATE: --------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.876 of 2010 --------------------------------------------- Dated this the 17th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.81 of 2010 of Parassala Police Station. 2. The offence alleged against the petitioner is under Section 55(a) & (i) of the Abkari Act. 3. The prosecution case is that on 27.1.2010, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 500 ml. of Indian made foreign liquor was seized from the possession of the petitioner. The petitioner was arrested on 27.1.2010 and she was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is aged 60 years and that she is not involved in any other offence of similar nature. 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, I am of the view that bail can be granted to the BA No.876/2010 2 petitioner. The petitioner shall be released on bail on her executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Neyyattinkara, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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