IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 4TH MAY 2010 / 14TH VAISAKHA 1932 Bail Appl..No. 2639 of 2010() ----------------------------- CMP.3411/2010 of J.M.F.C.-I,NEDUMANGAD .................... (CRIME NO.16/2010 OF VAMANAPURAM EXCISE RANGE, THIRUVANANTHAPURAM DISTRICT) ..... PETITIONER:ACCUSED (IN CUSTODY): ---------------------------------------------------------- JUBAIRIYA BEEVI, D/O.BEEMA, AGED 45 YEARS, VAYALIL VEEDU, PURAMPOKKE, MADATHARA DESOM, CHITHARTA VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.SREEKANTH S.NAIR RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, VAMANAPURAM EXCISE RANGE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/05/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.Q.BARKATH ALI, J. ==================== B.A.No.2639 of 2010 =============================== Dated this the 4th day of May, 2010. O R D E R This is a bail application filed by the accused in Crime No.120 of 2009 of Aryanad Excise Range in Thiruvananthapuram District under Section 439 Cr.P.C. 2. The allegation against the petitioner is that on 10.4.2010 at 1:15 p.m she was found in possession of 1.4 litres of illicit liquor near Madathara junction, Anad muri. Petitioner was arrested on the spot and she is in remand thereafter. Judicial First Class Magistrate-I, Nedumangad rejected her bail application. 3. It is alleged in the petition that the petitioner is innocent of the offence alleged against her, that she is falsely implicated in this case and if released on bail she is prepared to abide by any condition that may be imposed by this Court. 4. Notice given to the learned Public Prosecutor. Heard the counsel for the petitioner and the learned Public Prosecutor. Petition is opposed by the learned Public Prosecutor. 5. For the following reasons, I am inclined to grant bail to the petitioner. Petitioner is a lady aged 45. She is in remand B.A.No.2639 of 2010 ::2:: from 10.4.2010 onwards. Learned Public Prosecutor submitted that investigation in this case is almost over. Under these circumstances, I feel that the petitioner can be released on bail, but, subject to conditions. In the result, the bail application is allowed. Petitioner shall be released on bail on executing a bond for Rs.25,000/- with two solvent sureties for like sum each to the satisfaction of the JFCM- I, Nedumangad on the following conditions. 1) Petitioner shall report before the investigating officer on all Mondays between 10:00 a.m and 11:00 a.m. 2) Petitioner shall not commit similar offence while on bail. 3) Petitioner shall not interfere with the investigation or intimidate the witnesses. 4) Petitioner shall not leave the jurisdiction of the lower court without prior permission. P.Q.BARKATH ALI, Judge. bkn/-