IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 Bail Appl..No. 306 of 2010 CRIME NO.58 OF 2009 OF EXCISE RANGE, KATTAKADA PETITIONER: ACCUSED: ------------------------------ OMANA, D/O.KARTHI, RAJESH BHAVAN, MULLAPALLIKONAM, MARANALOOR DESOM, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.SARIN RESPONDENT: --------------- 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 27/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 306 OF 2010 ------------------------------------------------------ Dated this the 27th day of January, 2010 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.58 of 2009 of Kattakada Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 10.12.2009, the petitioner was found in possession of 1.5 litres of arrack. The petitioner surrendered before the investigating officer on 11.1.2010. She was produced before the learned Magistrate and she was remanded to judicial custody. 4. It is submitted by the learned Public Prosecutor that the petitioner is involved in three other abkari cases registered in the year 2008 and in another abkari case registered in 2009. B.A. NO. 306 OF 2010 :: 2 :: 5. Learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. The above undertaking is recorded. 6. 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. 7. 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, Kattakada, 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 and Thursdays for a period of two months and thereafter, 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; B.A. NO. 306 OF 2010 :: 3 :: 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 ahz/