IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Bail Appl..No. 8409 of 2011() ----------------------------- CR NO.124 OF 2009 OF ARYANAD EXCISE RANGE .................... PETITIONER (S): ACCUSED ------------------------------- YESODA, D/O.KUNJI, PULAKONATHU VEEDU BALANPULLUVETTA, KOTTAKKAKOM MURI, ARYANADU VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.K.S.PRAVEEN RESPONDENT(S): COMPLAINANT ------------------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8409 of 2011 --------------------------- Dated this the 19th day of October, 2011 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.124 of 2009 of Aryanad Excise Range. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The prosecution case is that on 6.12.2009, the petitioner was found in possession of 35 litres of wash. The petitioner was arrested in some other cases and her formal arrest was recorded in the present case on 4.10.2011. 4. The learned Public Prosecutor submitted that the petitioner is involved in three other similar cases. 5. The learned counsel for the petitioner submitted that BA 8409/11 2 in all the other cases bail was granted to the petitioner. 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 with effect from 4.11.2011. The petitioner shall be released on bail only on 4.11.2011 on her executing bond for ` 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, 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; BA 8409/11 3 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 csl