IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 Bail Appl..No. 781 of 2010() ---------------------------- CMP.843/2010 of J.M.F.C.-II,NEDUMANGAD .................... (CR.NO.30/2009 OF NEDUMANGAD EXCISE RANGE,THIRUVANANTHAPURAM DISTRICT) PETITIONER(S): ACCUSED: ------------------------------------------ VASANTHA, D/O.BHAVANI, CHATHUPARIKATHU VEEDU, VALIYAKILIKODE, KARIPPALAM, KOTTAKKAKOM MURI, VITHURA VILLAGE, NEDUMANGAD TALUK. BY ADVS. MR.T.A.UNNIKRISHNAN, MR.K.SATHEESH KUMAR. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 781 of 2010 ------------------------------------ Dated this the 15th day of February, 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 accused in Crime No.30 of 2009 of Nedumangad Excise Range, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 15/5/2009, the petitioner was found in possession of 5 litres of arrack. The petitioner surrendered before the court on 1/2/2010 and she was remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other case of similar nature. 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 B.A. No. 781/2010 2 petitioner. 6. The petitioner shall be released on bail on her executing bond for Rs.15,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, 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 scm