IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Bail Appl..No. 8878 of 2011 C.R.NO.67 OF 2011 OF EXCISE RANGE OFFICE, CHENGANNUR PETITIONER/ACCUSED: --------------------------------------- VIJAYAMMA, AGED 40 YEARS, W/O.PURUSHAN, VINCY BHAVANAM, PAVUKKARA MURI, KURATTISSERY VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.K.JAYARAJ RESPONDENT: COMPLAINANT: --------------------------- KERALA STATE REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, CHENGANNUR, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8878 OF 2011 ------------------------------------------------------ Dated this the 2nd day of November, 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.67 of 2011 of the Excise Range Office, Chengannur. 2. The offences alleged against the petitioner are under Sections 8(1), (2) and 55(g) of the Abkari Act. 3. The prosecution case is that on 16.10.2011, the petitioner was found in possession of 2.250 litres of arrack, 18 litres of wash and the utensils and implements for distilling arrack. The petitioner was arrested on 16.10.2011 and she was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is aged 47 years and that she is not involved in any other offence of similar nature. 5. Taking into account the facts and circumstances of the BAIL APPL. NO.8878 OF 2011 :: 2 :: case, the duration of the judicial custody undergone by the petitioner, the nature of the offence, the present stage of investigation and also the fact that the petitioner is a woman, 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 Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Chengannur, 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 ahz/