IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 Bail Appl..No. 4539 of 2009 C.R.NO.47 OF 2009 OF ARYANAD EXCISE RANGE, THIRUVANANTHAPURAM CMP.4610/2009 of J.M.F.C.-I,NEDUMANGAD PETITIONER/ACCUSED -------------------------------------- SAVITHRI,D/O.CHELLAMMA, LEKSHAMVEEDU COLONY,MANCODE, KOTTAKKAKAM MURI,ARYANAD VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4539 OF 2009 ------------------------------------------------------ Dated this the 14th August, 2009 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 C.R.No.47 of 2009 of Aryanad 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 17.5.2009, the petitioner was found transporting ten litres of illicit arrack. The petitioner was arrested on 26.7.2009 and she is in judicial custody. 4. Learned Public Prosecutor submitted that there are other cases of similar nature pending against the petitioner. Learned counsel for the petitioner submitted that if the petitioner is released on bail, she will not indulge in any prejudicial activity particularly of the nature involved in the present case. B.A. NO. 4539 OF 2009 :: 2 :: 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. 5. 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 – I, Nedumangad, 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, 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; 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/