IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 Bail Appl..No. 4385 of 2010() ----------------------------- CMP.6150/2010 of J.M.F.C.-I,NEDUMANGAD .................... (CRIME NO.101/2009 OF ARYANAD EXCISE RANGE) PETITIONER/ACCUSED -------------------------------------- OMANA,D/O.AMBUJAKSHI,HOUSE NO.127, VISHNU NAGAR HOUSING BOARD COLONY, THEKKUMKALA,KOTTAKKAKAM MURI, ARYANAD VILLAGE,NEDUMANGAD TALUK. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.101/09 OF ARYANAD EXCISE RANGE, THIRUVANANTHAPURAM). PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No.4385 of 2010 ------------------------------------ Dated this the 23rd day of July, 2010 O R D E R This petition is for bail. 2. The alleged offences are under Sections 8(2) and 55(g), 55(b) of the Abkari Act. According to prosecution, on 30/09/2009, at about 9:30 a.m, petitioner (A2) along with first accused were manufacturing illicit arrack. 500 ml of arrack and 25 litres of wash were seized. 3. Learned counsel for petitioner submitted that the article was seized from the property of first accused. Petitioner has nothing to do with the said property. Prosecution has no case that she was found manufacturing arrack. She happened to go to the place of occurrence when the excise party came to the spot, she being a neighbour. On knowing that petitioner is implicated in the offence, she surrendered before the court below on 07/07/2010. She is in custody for the past 16 days. 4. Learned Public Prosecutor submitted that petitioner is involved in another case in the year 2008. However, it is conceded that the articles were seized from the property of first accused and that petitioner was not present at the scene immediately on the officials reaching the spot. Hence, this petition is not opposed. B.A. No.4385 of 2010 2 5. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioner shall be released on bail on her executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall report before the Investigating Officer as and when directed until further orders. ii) In case, petitioner is involved in any similar offence, bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE vdv