IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 Bail Appl..No. 4474 of 2009() --------------------------------- CMP.4440/2009 of J.M.F.C.-I,NEDUMANGAD CR. NO.135/2008 OF ARYANAD EXCISE RANGE, TRIVANDRUM .................... PETITIONER/ACCUSED: -------------------------------------- OMANA,D/O.AMBUJAKSHI, RESIDING AT HOUSE NO.127,AP.XIII/263, VISHNU NAGAR,THEKKUMKALA,KOTTAKKAKAM MURI, ARYANAD VILLAGE,NEDUMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT/ COMPLAINANT: ------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4474 of 2009 ------------------------------------ Dated this the 13th day of August, 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 C.R. No.135/2008 of Aryanad Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 18/11/2008, the petitioner was found in possession of 5 litres of arrack. The petitioner could not be arrested as there was no woman constable available in the Excise party. The petitioner was arrested on 23/07/2009 in connection with Crime No.469/2009 and she is in judicial custody. 4. 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 petitioner. 5. The petitioner shall be released on bail on her executing B.A. No.4474 /2009 Page numbers 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-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 every Monday, 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