IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Bail Appl..No. 5665 of 2009() ----------------------------- CRIME NO.97 OF 2009 OF ARYANADU EXCISE RANGE .................... PETITIONER/2ND ACCUSED ------------------------------------------ OMANA @ GIRIJA, D/O.SARADA, POTTENCHIRA ROADARIKATHU VEEDU, KOTTAKKAKAM MURI, ARYANAD VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.97 OF 2009 OF ARYANADU EXCISE RANGE). PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5665 of 2009 --------------------------------------------- Dated this the 5th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.97 of 2009 of Aryanadu Excise Range, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 8(1) (2) of the Abkari Act. 3. The prosecution case is that on 16.9.2009, the accused persons were found in possession of 10 litres of arrack and the accessories for distillation of arrack. The petitioner was arrested on 16.9.2009 and she was remanded to judicial custody. It is submitted by the learned Public Prosecutor that the petitioner is not involved in any other offence of a similar nature. 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 No.5665 /2009 2 petitioner. The petitioner shall be released on bail on her executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Nedumangad, 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