IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 Bail Appl..No. 7637 of 2009 C.R.NO.66 OF 2009 OF NEDUMANGAD EXCISE RANGE, THIRUVANANTHAPURAM PETITIONER: ACCUSED --------------------------- BINDHU, D/O. SWARNAMMA, MUTHIKKAVU THADATHARIKATHU VEEDU, PARANDODE, CHITTUVETTU MURI, THOLICODE VILLAGE, NEUDMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/01/2010, ALONGWITH B.A.NO.7638 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.7637 & 7638 OF 2009 ------------------------------------------------------ Dated this the 4th day of January, 2010 O R D E R Both these Bail Applications are filed by the same person, who is the accused in C.R.Nos.66 of 2009 and 60 of 2009 of Nedumangad Excise Range, under Section 439 of the Code of Criminal Procedure. 2. The offence alleged against the petitioner in both the cases is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case in C.R.No.66 of 2009 is that on 8.11.2009, the petitioner was found transporting five litres of arrack. The allegation in C.R.No.60 of 2009 is that on 8.10.2009, the petitioner was found transporting ten litres of arrack. The petitioner surrendered before Court on 5.12.2009 and she was remanded to judicial custody. 4. It is submitted by the learned Public Prosecutor that the B.A. Nos.7637 & 7638 OF 2009 :: 2 :: petitioner is involved in five other case of similar nature. Learned counsel for the petitioner submitted that the petitioner undertakes that she will not commit any offence of similar nature while on bail in these cases. This undertaking is recorded. 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 and the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on her executing bond for Rs.25,000/- in each case 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 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; B.A. Nos.7637 & 7638 OF 2009 :: 3 :: 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 Applications are allowed as above. (K.T.SANKARAN) Judge ahz/