IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 Bail Appl..No. 8833 of 2011 C.R.NO.61 OF 2011 OF KUNNAMANGALAM EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- AMMINI, W/O. KRISHNAN, CHERUTHADATHIL, THAZHEKODE AMSOM DESOM, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW SRI.P.V.ANOOP RESPONDENTS: COMPLAINANT & STATE: --------------- 1. EXCISE INSPECTOR, KUNNAMANGALAM EXCISE RANGE, KOZHIKODE-673571. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-31. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8833 OF 2011 ------------------------------------------------------ Dated this the 31st day of October, 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.61 of 2011 of Kunnamangalam Excise Range, Kozhikode District. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 13.10.2011, the petitioner was found in possession of 375 ml. of arrack. The petitioner was arrested on 13.10.2011 and she is in judicial custody since then. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. 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, the present stage of investigation and also BAIL APPL. NO.8833 OF 2011 :: 2 :: taking into account 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 II, Thamarassery, 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/