IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 Bail Appl..No. 10386 of 2011 CRIME NO.53 OF 2011 OF THIRUPURAM EXCISE RANGE, THIRUVANANTHAPURAM. PETITIONER/ACCUSED -------------------------------------- SOBHANA, D/O.SEETHA, CHANNALKARA PURAMPOKKU VEEDU, MANNAMCHIRA BHAGOM, THALAYAL DESOM, ATHIYANNOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT: COMPLAIANANT --------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, THIRUPURAM EXCISE RANGE, THIRUVANANTHAPURAM REPRESENTING THROUGH PUBLIC PROSOECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO.10386 OF 2011 ------------------------------------------------------ Dated this the 20th day of December, 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.53 of 2011 of Thirupuram Excise Range, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 30.11.2011, the petitioner was found in possession of 1.75 litres of arrack. The petitioner was arrested on 1.12.2011 and she was remanded to judicial custody. 4. Learned Public Prosecutor submitted that the petitioner is involved in another case of similar nature. 5. Learned counsel for the petitioner submitted that the BAIL APPL. NO.10386 OF 2011 :: 2 :: petitioner undertakes that she will not commit any offence of similar nature while on bail. This undertaking is recorded. 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, the present stage of investigation and the undertaking made by the petitioner, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on her executing bond for Rupees Twenty five thousand 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; BAIL APPL. NO.10386 OF 2011 :: 3 :: 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/