IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 Bail Appl..No. 7098 of 2011() ----------------------------- PETITIONER/ACCUSED -------------------------------------- LAILA,D/O.THANKAMMA, PULIYATHU VILAKAM,TC 31/1482, CHAKKA DESOM,KADAKAMPALLY VILLAGE. BY ADV. SRI.G.SUDHEER RESPONDENT/STATE --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, JUDGE --------------------------------------- B.A.No.7098 of 2011 ---------------------------------------- Dated this the 5th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 72 of 2011 of Thiruvananthapuram Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) & (2) of the Abkari Act. 3. The prosecution case is that on 3.8.2011, the petitioner was found in possession of 3 liters of arrack. She was arrested on the spot and she was remanded to judicial custody. 4. Learned Public Prosecutor submitted that the petitioner was involved in two other cases registered in the year 2008. Learned counsel for the petitioner submitted that the petitioner undertakes that she will not commit similar offence while on bail in the present case. 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 B.A.No.7098 of 2011 2 investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on her executing bond for Rs. 25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like amount to the satisfaction of the Additional Chief Judicial Magistrate, Thiruvananthapuram subject to the following conditions: A) The petitioner/petitioners 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/petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioner/petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner/petitioners shall not commit any offence or indulge in any prejudicial activity while B.A.No.7098 of 2011 3 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 rkc