IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 Bail Appl..No. 10056 of 2011() ------------------------------ CMP.3643/2011 of J.M.F.C. - II, MAVELIKKARA CRIME NO.111/2011 OF NOORANAD EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- VILASINI, AGED 57 YEARS, W/O.SOMANATH, PRATHAP SADANAM, KUDASSANADU MURI, PALAMEL VILLAGE, MAVELIKKARA, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/12/2011, A/W. BA NO.10058/2011 & CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------------------ B.A.No.10058, 10057, 10061 & 10056 OF 2011 ------------------------------------------------------------------ Dated this the 12th day of December , 2011 ORDER All the above four cases are filed by the same accused person under Section 439 of the Code of Criminal Procedure, in four different crimes. 2. B.A.No.10058 of 2011 relates to CR No.195 of 2006 of Mavelikkara Excise Range. The offence alleged is under Section 55(g) of the Abkari Act. The prosecution case is that on 18.8.2006, the petitioner was found in possession of 75 litres of wash. 3. B.A.No.10057 of 2011 relates to CR No.56 of 2010 of Nooranad Excise Range. The offence alleged therein is under Section 55(i) of the Abkari Act. The prosecution case is that on 2.8.2010, the petitioner was found engaged in the sale of Indian made foreign liquor. A quantity of 700 ml of Indian B.A.Nos. 10058, 10057, 10061 & 10056 OF 2011 OF 2011 2 made foreign liquor was seized from the possession of the petitioner. The petitioner could not be arrested as no woman police constable was available. 4.B.A.No.10061 of 2011 relates to CR No.79 of 2010 of Nooranad Excise Range. The offence alleged therein is under Section 55(g) of the Abkari Act. The allegation is that on 11.10.2010, the petitioner was found in possession of 100 litres of wash. She could not be arrested as no woman police constable was available. 5. .B.A.No.10056 of 2011 relates to CR No.111 of 2011 of Nooranad Excise Range. The offence alleged therein is under Section 55(g) of the Abkari Act. The allegation is that on 18.10.2011, the petitioner was found engaged in the manufacture of liquor. A quantity of 615 litres of wash was seized from her possession. The utensils and implements for manufacturing arrack were also seized. The petitioner was arrested on the spot on 18.10.2011. 6. As stated earlier, the petitioner was arrested in CR B.A.Nos. 10058, 10057, 10061 & 10056 OF 2011 OF 2011 3 No.111 of 2011 of Nooranad Excise Range on 18.10.2011. Her formal arrest was recorded in CR No.56 of 2010 on 31.10.2011, in CR No.79 of 2010 on 31.10.2011 and in CR No.195 of 2006 on 9.11.2011. In CR No.195 of 2006, final report was filed on 19.11.2011. 7. The learned Public Prosecutor submitted that the petitioner is involved in three crimes of similar nature registered at Mavelikkara Excise Range and six crimes of similar nature registered at Nooranad Excise Range. It is also submitted that if the petitioner is released on bail, there is every likelihood of her involving in similar crimes, particularly, during Christmas eve. 8. The learned counsel for the petitioner submitted that the petitioner is aged 57 years and she being a woman, bail may be granted to the petitioner. It is also submitted by the learned counsel for the petitioner that the petitioner undertakes not to involve in any similar offence while on bail in these four cases. It is also submitted that if it is found that she is involved in any similar offence while on bail in the present B.A.Nos. 10058, 10057, 10061 & 10056 OF 2011 OF 2011 4 case, there is no objection for cancelling the bail, if any, granted to the petitioner. 9.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 with effect from 30.12.2011. 10.The petitioner shall be released on bail only on 30.12.2011 on her executing bond for `25,000/-(Rupees Twenty Five thousand only) in each case with two solvent sureties each for the like amount to the satisfaction of the Court having jurisdiction, 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 in respect of the crimes registered at Nooranad Excise Range, till the final report is filed or until further orders. B) Even after the final report is filed, the petitioner shall report before the officer who laid the charge on all alternate Mondays at Nooranad Excise Range and B.A.Nos. 10058, 10057, 10061 & 10056 OF 2011 OF 2011 5 on all alternate Thursdays at Mavelikkara Excise Range, till the trial of the cases are over or until further orders. C) The petitioner shall appear before the investigating officer for interrogation as and when required; D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) The petitioner shall cooperate with the investigating officer in the matter of investigation. G) 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 cms