IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 Bail Appl..No. 7771 of 2011 CRIME NO.129 OF 2008 OF ARYANAD EXCISE RANGE, THIRUVANANTHAPURAM PETITIONER/ACCUSED -------------------------------------- YASODA, D/O.KUNJI, PULAKONATHU VEEDU, BALAN PULLUVETTA, CHERUMANCHAL, KOTTAKKAKOM MURI, ARYANADU VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7771 of 2011 ---------------------------------------------- Dated this the 28th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No.129 of 2008 of Aryanad Excise Range, Thiruvananthapuram 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 05/11/2008, the petitioner was found in possession of 5 litres of arrack. She could not be arrested as no woman police constable was available. The petitioner was arrested in connection with Crime No.806 of 2011 of Aryanad Police Station and her formal arrest was recorded in the present case on 15/09/2011. 4. The learned Public Prosecutor submitted that the petitioner is involved in two other cases. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any other offence of similar nature, while on bail in the present case. This undertaking is recorded. Bail Appln.No.7771/2011 : 2 : 5. Taking into account the facts and circumstances of the case and also the fact that the petitioner is a woman, 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. 6. The petitioner shall be released on bail on her executing bond for `25,000/-(Rupees Twenty five thousand only) 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 Fridays, 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. Bail Appln.No.7771/2011 : 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. Sd/- K.T.SANKARAN, JUDGE skj True copy P.A. to Judge