IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Bail Appl..No. 4774 of 2009 ----------------------------- CRIME NO.32 OF 2009 OF AMARAVILA EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- AMBIKA,AGED 44 YEARS,D/O.RAJAMMA, VALIYAPARAMPU MELE KIZHANGUVILA, XII/263-VINU BHAVAN,THAMARAVILA,AYAYIL DESOM, PERUMKADAVILA VILLAGE,NEYYATTINKARA TALUK. BY ADV. SRI.R.GOPAN RESPONDENTS: COMPLAINANTS --------------------------- 1. STATE OF KERALA,REPRESENTED VIA PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. 2. EXCISE INSPECTOR,AMARAVILA EXCISE RANGE. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4774 OF 2009 ------------------------------------------------------ Dated this the 26th 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 Crime No.32 of 2009 of Amaravila 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 1.6.2009, the petitioner was found dealing with and in possession of 300 litres of wash. The petitioner could not be arrested as she escaped from the scene before the Excise party arrived at the spot. The petitioner was arrested on 1.8.2009 and she is in judicial custody. 4. It is submitted by the learned Public Prosecutor that the petitioner is involved in one more case. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, B.A. NO. 4774 OF 2009 :: 2 :: the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on her executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Neyyattinkara, 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; 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/