IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 Bail Appl..No. 6821 of 2009() --------------------------------------- ADOOR EXCISE O.P. NO.70/2009 AND IN CRL. MP. 4209/09 OF THE JUDICIAL FIRST CLASS MAGISTRATE , ADOOR. ....... PETITIONER (S) ACCUSED --------------------------- VALSAMMA, AGED 38 YEARS, W/O.SAKARIA, KANNAMATHU PUTHEN VEETTIL, KADAMPANADU VADAKKU MURI, KADAMPANADU VILLAGE, ADOOR TALUK. BY ADV. MR. K.SHAJ RESPONDENT(S): STATE ------------------------ STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.TEK CHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/12/2009, ALONG WITH BA. NO.6828 OF 2009 & 6770 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. Nos.6821, 6828 & 6770 of 2009 ------------------------------------------------- Dated this the 2nd day of December, 2009 O R D E R The petitioner in all these Bail Applications is the same person. The offence alleged against the petitioner in all these cases is under Section 8(1)(2) of the Abkari Act. 2. B.A.No.6770/2009 relates to O.R.No.25/2009 of Adoor Excise Range. The prosecution case therein is that on 16/2/2009, the petitioner was found in possession of 2 litres of arrack. The petitioner was arrested on 4/11/2009. 3. The allegation in O.R. No.58/2009 of Adoor Excise Range, in respect of which B.A. No.6828/2009 is filed, is that on 10/5/2009, the petitioner was found in possession of 3 litres of arrack. The petitioner was arrested in that case on 4/11/2009. 4. B.A. No.6821/2009 relates to O.R. No.70/2009 of Adoor Excise Range. In that case, the allegation is that on 16/6/2009, the petitioner was found in possession of 3 litres of arrack. The petitioner was arrested on 4/11/2009 in that case. 5. The petitioner is in judicial custody since 4/11/2009. B.A. Nos.6821, 6828 & 6770 of 2009 2 It is submitted by the learned Public Prosecutor that the petitioner is involved in three other cases of similar nature as well. 6. The learned counsel for the petitioner submitted that the petitioner belongs to a poor family. The counsel for the petitioner submits that the petitioner undertakes not to commit any offence of similar nature while on bail in these three cases. This undertaking is recorded. 7. 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. 8. 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 the First Class, Adoor 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.A. Nos.6821, 6828 & 6770 of 2009 3 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