IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 Bail Appl..No. 7149 of 2011() ----------------------------- Crime No.604 of 2011 of Adoor Police Station, Pathanamthitta District. PETITIONER/ACCUSED -------------------------------------- GOMATHI,AGED 69 YEARS,W/O.CHANDRAN, VALIYAVILAPUTHENVEEDU,PANNEVIZHA MURI, ADOOR VILLAGE,PATHANAMTHITTA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTE BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.7149 OF 2011 --------------------------------- Dated this the 5th day of September, 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.604 of 2011 of Adoor Police Station, Pathanamthitta District. 2.The offences alleged against the petitioner are under Section 55 (a) (i) of the Abkari Act and Rule 10 of the Spirituous Preparation Rules. 3.The prosecution case is that on 13.8.2011, the petitioner was found in possession of 300 ml. of Indian made foreign liquor along with 4.680 litres of arishtam in her ayurvedic shop. It is alleged that the Indian made foreign liquor was intended to be added in the arishtam. The petitioner was arrested and she was remanded to judicial custody. B.A.No.7149 OF 2011 2 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. 5.The petitioner shall be released on bail on her executing bond for `25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Adoor, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) The petitioner shall cooperate with the investigating officer in the matter of investigation. B.A.No.7149 OF 2011 3 D) 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 cms