IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Bail Appl..No. 2062 of 2010() ----------------------------- CP.4/2010 of J.M.F.C.-II,HOSDRUG CR NO.50/2007 OF NILESHWAR EXCIS RANGE .................... PETITIONER/ACCUSED -------------------------------------- K.BALAMANI, AGED 45 YEARS W/O. T.RGHAVAN, KALICHAMARAM, KARINDALAM VILLAGE, HOSDURG TALUK, KASARAGOD. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.2062 of 2010 --------------------------------------------- Dated this the 7th day of April, 2010 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 CR No.50 of 2007 of Nileshwar Excise Range which is now pending as C.P.No.4 of 2010 on the file of the court of the Judicial Magistrate of the First Class-II, Hosdurg. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The prosecution case is that on 4.11.2007, the petitioner was found in possession of 15 litres of wash. The petitioner surrendered before court on 29.3.2010 and she was remanded to judicial custody. The final report was filed in the case on 14.1.2010. 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 fact that the charge sheet was filed in the case, I am of the view that bail can be BA No. 2062/2010 2 granted to the petitioner. The petitioner shall be released on bail on her executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Hosdurg, subject to the following conditions: a) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; b) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; c) 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 csl