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. 8840 of 2011() ----------------------------- O.R.NO.49/2011 OF PATHANAMTHITTA EXCISE RANGE .................... PETITIONER(S): ACCUSED --------------------------- PANKAJAKSHI, AGED 55 YEARS, W/O LATE GOPALAKRISHNAN, KOLLAMULA VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): --------------- 1. EXCISE INSPECTOR, PATHANAMTHITTA EXCISE RANGE, PIN-686 845. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA , ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8840 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 O.R.No.49 of 2011 of Pathanamthitta Excise Range. 2. The offences alleged against the petitioner are under Sections 55(g) and 8(1) & (2) of the Abkari Act. 3. The prosecution case is that on 28.7.2011, the petitioner was found in possession of 2 litres of arrack, 135 litres of wash and utensils and implements for distilling arrack. The petitioner was arrested on 13.10.2011 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 BA 8840/11 2 petitioner. The petitioner shall be released on bail on her executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Pathanamthitta, 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 csl