IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 Bail Appl..No. 285 of 2010() ---------------------------- CRIME NO.2/2010 OF VAMANAPURAM EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- SAROJAM, D/O.CHELLAMMA, UDAYA SAROJA HOUSE, BHARATHANOOR, PANGODE VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.285 of 2010 --------------------------------------------- Dated this the 20th day of January, 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.2 of 2010 of Vamanapuram Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) & (i) of the Abkari Act. 3. The prosecution case is that on 12.1.2010, the petitioner was found in possession of 4.5 litres of Indian made foreign liquor. The allegation is that the Indian made foreign liquor was stored for sale. The petitioner was arrested on 12.1.2010 itself. 4. The learned counsel for the petitioner submitted that the Indian made foreign liquor was purchased from the outlet of the Beverages Corporation for being used in connection with the engagement of the younger sister of the petitioner on 13th January 2010. The petitioner is not involved in any other offence of similar nature. It is submitted that the crime was registered on the basis of a petition filed by the neighbour of the petitioner BA No. 285/2010 2 who had enmity towards the petitioner and her family. It is also stated that there is a civil dispute between the petitioner and her neighbour, who gave the information to the police. It is also submitted by the learned counsel for the petitioner that the petitioner was admitted in the Medical College Hospital due to chest pain and that she was discharged from the hospital. 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 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, Nedumangad, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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 No. 285/2010 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 Application is allowed as above. K.T.SANKARAN, JUDGE csl