IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 Bail Appl..No. 377 of 2010() -------------------------------- CRMP.131/2010 of J.M.F.C.,RANNI CRIME NO. 16/2010 OF PERUNADU POLICE STATION, PATHANAMTHITTA DISTRICT .................... PETITIONER/ACCUSED : --------------------------- ROSAMMA, W/O. ABRAHAM, PUTHIYIDATHU HOUSE, KUDUMURUTHYCHANNA, KARIKULAM, ATHIKKAYAM VILLAGE. BY ADV. SRI.D.KISHORE RESPONDENTS/STATE & COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PERUNADU POLICE STATION, PATHANAMTHITTA DISTRICT. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 377 of 2010 ------------------------------------ Dated this the 28th 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. 16/2010 of Perunadu Police Station, Pathanamthitta District. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 11.01.2010, the petitioner was found in possession of 10 litres of arrack. She was arrested on 11.01.2010 and she was remanded to judicial custody. 4. 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.15,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Ranny subject to the following conditions:- B.A. No. 377 of 2010 2 A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. 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. 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 ln