IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 Bail Appl..No. 718 of 2009() ---------------------------- CMP.326/2009 of J.M.F.C.,KATTAKADA .................... (CRIME NO.7/2009 OF KATTAKADA EXCISE RANGE) PETITIONER(S): ACCUSED: ------------------------------------------ OMANA, D/O.KARTHI, RESIDING AT RAJESH BHAVAN, MULLAPPALLYKONAM, MARANALLOOR DESOM, MARANALLOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. MR.R.T.PRADEEP RESPONDENT(S): COMPLAINANT: --------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 718 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 16th day of February, 2009 O R D E R Petition for bail. 2. The alleged offence is under section 8(2) of the Abkari Act. According to prosecution, petitioner was found transporting 2 ½ litres of arrack on 19-1-2009. She surrendered before the Excise Officials on 30-1-2009. 3. Learned Public Prosecutor submitted that petitioner is involved in two other cases of similar nature in the year 2007 and one more case in the year 2008. Hence, stringent conditions may be imposed, while granting bail, but he has no objection in granting bail . 4. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. 5. Hence, petitioner shall be released on bail on her executing a bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioner shall report before the Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. BA 718/2009 -2- 2) Petitioner shall not commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.