IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 Bail Appl..No. 752 of 2010() ------------------------------------- CMP.802/2010 of J.M.F.C.-I,NEDUMANGAD CR NO.46/2007 OF ARYANAD EXCISE RANGE, THIRUVANANTHAPURAM. .................... PETITIONER/2ND ACCUSED: ------------------------------------------ PRASANNA, AGED 46 YEARS, D/O RATHNAMMA, CHIRAKONATHU HOUSE, ERUMODE, KOTTAKKAKAM MURI, ARYANADU VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT/COMPLINANT: ---------------------------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/02/2010, ALONG WITH BA NOS. 753 & 754 OF 2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos. 752, 753 &754 of 2010 ---------------------------------------- Dated this the 15th day of February, 2010 O R D E R All these Bail Applications are filed by Prasanna, the second accused in C.R.No.46/2007 and the sole accused in C.R Nos.10/2010 and 3/2009 of Aryanad Excise Range. 2. B.A. No. 752/2010 relates to C.R. No. 46/2007. The petitioner is the second accused. The offences alleged the petitioner are under Sections 8(1)(2) and 55(b)&(g) of the Abkari Act. The allegation is that on 28/6/2007, the petitioner was found engaged in distilling arrack. A quantity of 25 litres of arrack and 20 litres of wash were found in possession of the petitioner. The petitioner was arrested only on 23/1/2010 and she was remanded to judicial custody. 3. B.A.No.753/2010 relates to C.R. No.10/2010. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. The Prosecution case is that on 23/1/2010, the petitioner was found in possession of 7 litres of arrack. The petitioner was arrested on 23/1/2010 and she was remanded to judicial custody. B.A. Nos. 752, 753 &754 of 2010 2 4. B.A. No.754/2010 relates to C.R. No.3/2009. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. The allegation is that on 8/1/2009, the petitioner was found in possession of 5 litres of arrack. The petitioner was arrested on 23/1/2010 and she was remanded to judicial custody. 5. The learned counsel for the petitioner submitted that the petitioner is prepared to comply with any condition that may be imposed by the Court for granting bail. It is also submitted that the petitioner undertakes not to commit any offene of similar nature while on bail in these cases. This undertaking is recorded. 6. 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 also the undertaking, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. The petitioner shall be released on bail on her executing bond for Rs.25,000/- in each case with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of B.A. Nos. 752, 753 &754 of 2010 3 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 and Thursdays, 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. Bail Applications are allowed as above. K.T. SANKARAN, JUDGE scm