IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 Bail Appl..No. 6695 of 2009() ----------------------------------------- CMP.13057/2009 of J.M.F.C. - II, KARUNAGAPPALLY CRIME NO.184/2009 OF KARUNAGAPPALLY EXCISE RANGE, KOLLAM. .................... PETITIONER/ACCUSED: ------------------------------------ THANKACHI, W/O. UNNIKRISHNAN, BINU BHAVAN, HOUSE, KOTTAKKUPURAM MURI, KULASEKHARAPURAM VILLAGE, KARUNAGAPPALLY, KOLLAM DIST. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REP. BY INSPECTOR, EXCISE RANGE, KARUNAGAPPALLY THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6695 of 2009 ------------------------------------ Dated this the 16th day of November, 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.184/2009 of Karunagapally Excise Range, Kollam. 2. The offences alleged against the petitioner are under Sections 8(1)(2) and 55(g) of the Abkari Act. 3. The prosecution case is that on 24/10/2009, the petitioner was found in possession of 120 litres of wash and 14 litres of arrack, on a search conducted in the house of the petitioner. The petitioner was arrested on 24/10/2009 and she was remanded to judicial custody. 4. It is submitted by the learned Public Prosecutor that the petitioner is involved in two other cases of similar nature. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 6695/2009 2 petitioner, the nature of the offence and also the undertaking, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on her executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagappally 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 scm