IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Bail Appl..No. 5889 of 2011() ----------------------------- CRIME NO.39/2011 OF KAYAMKULAM EXCISE RANGE PETITIONER/ACCUSED ---------------------- SUNDARAMMAL @ REMA,W/O.BALAN CHETTIYAR, BALA BHAVANAM,KANDALLUR THEKKU MURI,KANDALLUR VILLAGE. BY ADV. SRI.R.SUNIL KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,THROUGH THE SUB INSPECTOR, KAYAMKULAM POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5889 of 2011 ---------------------------------------------- Dated this the 25th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.39 of 2011 of Kayamkulam Excise Range (The learned counsel for the petitioner submitted that it was wrongly mentioned as Kayamkulam Police Station in the Bail Application). 2. The offence alleged against the petitioner is under Section 8(2) of the Abkari Act. 3. The prosecution case is that on 03/04/2011, the petitioner was found in possession of one litre of arrack. The petitioner was arrested on 08/07/2011 and she was remanded to judicial custody. 4. 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 and the present stage of investigation, I am of the view that bail can be granted to the petitioner. Bail Appln.No.5889/2011 : 2 : 5. The petitioner shall be released on bail on her executing bond for `15,000/-(Rupees Fifteen thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Haripad, 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 skj