IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 Bail Appl..No. 2421 of 2009() ----------------------------- CMP.2263/2009 of J.M.F.C.-II,NEDUMANGAD CR.NO.30/09 OF ARYANAD EXCISE RANGE .................... PETITIONER/ACCUSED --------------------------------- SREEMATHY, D/O.BHAVANY, HOUSING BOARD COLONY NO.79, KOTTAKKAKOM 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 SHRI M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------------------------- B.A.No. 2421 of 2009 --------------------------------------------- Dated this the 5th day of May, 2009 O R D E R This is an application for regular bail filed under section 439 of the Code of Criminal Procedure. 2. Petitioner is the accused in CR.No.30/09 of Aryanad Excise Range, alleging offences punishable under sections 8(1) and (2) of the Abkari Act. The allegation is that she was found in possession of 2.5 litres of arrack. She has surrendered on 20.4.2009 and since then she has been in judicial custody. 3. I have heard the learned Public Prosecutor. 4. Considering the quantity of the arrack involved and the fact that investigation is almost completed, I think the petitioner can be enlarged on bail. 5. Accordingly, this application is allowed subject to the following conditions. (i) The petitioner shall be released on bail on her executing a bond for Rs.15,000/- with two solvent sureties for the like sum each to the satisfaction of the J.F.C.M.-II, Nedumangad. (ii) The petitioner shall not tamper with or attempt to tamper BA.2421/09 2 with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. (iii) Petitioner shall report before the Investigating Officer, as and when her presence is required by him. C.T.RAVIKUMAR, JUDGE dsn