IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 Bail Appl..No. 1202 of 2010 CRIME NO.154 OF 2010 OF ARYANAD POLICE STATION, THIRUVANANTHAPURAM PETITIONER/ACCUSED NO.2 ------------------------------------------- RETHNAMMA, AGED 64 YEARS, D/O.GOWRY, CHIRAKONATHU VEEDU, ERUMODE, KOTTAKKAM MURI, ARYANAD VILLAGE. 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. M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1202 OF 2010 ------------------------------------------------------ Dated this the 4th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No.154 of 2010 of Aryanad Police Station, Thiruvananthapuram District. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 12.2.2010, the petitioner along with the first accused were found engaged in manufacturing illicit arrack. A quantity of 750 ml of arrack and the utensils and materials for manufacturing arrack were seized. The petitioner was arrested on 12.2.2010 and she was remanded to judicial custody on 13.2.2010. The learned Magistrate dismissed the application for bail as per the order dated 17.2.2010. The investigation of the case has progressed thereafter. The petitioner is a woman aged 64 years. 4. Taking into account the facts and circumstances of the B.A. NO. 1202 OF 2010 :: 2 :: 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 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, 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 ahz/