IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 Bail Appl..No. 4501 of 2009() ------------------------------------------ CMP.2935/2009 of J.M.F.C.,KATTAKADA CRIME NO.219/2009 OF EXCISE RANGE, VILAPPILSALA .................... PETITIONER/ACCUSED: -------------------------------------- KOCHU THRESIYA, D/O.ROSAMMA, VODIVILAKOM VEEDU, PANAYAMKODE KOLLODUMURY, KULATHUMMAL VILLAGE, TRIVANDRUM. BY ADV. SRI.M.R.SARIN SRI.M.R.SASITH RESPONDENT/STATE: -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4501 of 2009 ------------------------------------ Dated this the 13th day of August, 2009 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 Crime No.219/2009 of Excise Range Vilappilsala. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act.. 3. The prosecution case is that on 27/07/2009, the petitioner was found in possession of 1.25 litres of arrack. She was arrested on the spot. The petitioner is in 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 petitioner. 5. The petitioner shall be released on bail on her executing bond for Rs.15,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakada subject to the following conditions:- B.A. No.4501 /2009 Page numbers 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 scm