IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 11TH MAY 2010 / 21ST VAISAKHA 1932 Bail Appl..No. 2755 of 2010() CR.NO.146 OF 2010 OF VELLARIKUNDU POLICE STATION ----------------------------- PETITIONER/ACCUSED -------------------------------------- SANTHA @ MULAVINI SANTHA, AGED 47 YEARS, W/O.SOMARAJAN, MULAVINI HOUSE, KODIYAMKUNUDU, PUNGAMSCHAL, WEST ELERI VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CR.NO.146 OF 2010 OF VELLARIKUNDU POLICE STATION) KASARAGOD DISTRICT. BY PUBLIC PROSECUTOR MR.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. ================ B.A. No. 2755 of 2010 ================ Dated this the 11th day of May, 2010 O R D E R This is a bail application filed by the accused in Crime No. 146 of 2010 of Vellarikundu Police Station of Kasargod District under section 439 of Cr.P.C. 2. The allegation against the petitioner is that on April 27, 2010 at 10 AM she was found in possession of 41/2 litres of arrack and 20 litres of wash from her resident at Vellarikundu and thereby committed offence punishable under section 55(a) and (g) of the Abkari Act. She was arrested on the spot and is in remand thereafter. The Judicial Magistrate of First Class II, Hosdurg has rejected her bail application. 3. It is alleged in the petition that the petitioner is innocent of the offence alleged against her and that she is B.A. No. 2755 of 2010 -2- willing to abide by any conditions imposed by this Court, if released on bail. 4. Notice given to the learned Public Prosecutor. This petition is opposed by the learned Public Prosecutor. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. For the following reasons, I am inclined to grant bail to the petitioner. The petitioner is a lady aged 47. The Public Prosecutor submitted that the investigation in this case is almost over and that there are no similar cases pending against her. That apart, she is in remand from April 27, 2010 onwards. Therefore, I feel that the petitioner can be released on bail subject to conditions. 7. In the result, the petition is allowed. The petitioner shall be released on bail on her executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- B.A. No. 2755 of 2010 -3- 1) The petitioner shall appear before the Investigating Officer on all Mondays between 9 AM and 11 AM. 2) The petitioner shall not commit similar offence while on bail. 3) The petitioner shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. 4) Petitioner shall not leave the limits of the jurisdiction of the lower court without prior permission. 5) In case of breach of any of the conditions mentioned above, lower court can cancel her bail. P.Q. BARKATH ALI, JUDGE. jvt