IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Bail Appl..No. 4850 of 2009() ------------------------------------------- CR NO.99/2009 OF ADOOR EXCISE RANGE, PATHANAMTHITTA PETITIONER/ACCUSED: -------------------------------------- SUSEELA, W/O. SATHEESH, "SATHEESH BHAVANAM", POOZHIKKADU MURI, KURAMPALA VILLAGE, ADOOR TALUK. BY ADV. SRI.C.B.SREEKUMAR RESPONDENT/ STATE: ---------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CR.NO.99 OF 2009 OF ADOOR EXCISE RANGE). SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/08/2009 ALONG WITH B.A. NO.4851/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos.4850 &4851 of 2009 ------------------------------------ Dated this the 28th day of August, 2009 O R D E R These Bail Applications are filed by the same person namely Suseela, who is the accused in C.R. No.93/2009 of Adoor Excise Range and CR. No.99/2009 of Adoor Excise Range, under Section 439 of the Code of Criminal Procedure. 2. In CR. No.93/2009, the offence alleged against the petitioner is under Section 55(i) of the Abkari Act. The prosecution case is that on 1/8/209, the petitioner was found in possession of 2.9 litres of Indian made foreign liquor. The petitioner was arrested on 16/8/2009 and she is in judicial custody since then. 3. In CR. No.99/2009, the offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. The prosecution case is that on 16/8/2009, the petitioner was found in possession of 700 ml of coloured arrack. The petitioner was arrested on the spot and she was remanded to judicial custody. 4. It is submitted that the petitioner is a heart patient. Annexure(1) certificate issued by Sree Chitra Thirunal Institute B.A. Nos.4850 &4851 /2009 2 of Medical Sciences and Technology, Thiruvananthapuram is relied on by the learned counsel for the petitioner to show that she is a heart patient. It is submitted that if the petitioner is released on bail, she will not commit any offence of a similar nature. 5. Taking into account the facts and circumstances of the case and also the submissions made by the learned counsel for the petitioner, I am of the view that bail can be granted to the petitioners. 6. The petitioner shall be released on bail on her executing a bond for Rs. 50,000/- in each case with two solvent sureties in each case for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Adoor subject to the following conditions:- A) The petitioner shall appear before the Investigating Officer on every day between 9 A.M. and 11 A.M., for a period of two weeks and thereafter on every Monday between 9.A.M. and 11A.M. until final report is filed or until further orders. B) The petitioners shall appear before the Investigating Officer for interrogation as and when required. B.A. Nos.4850 &4851 /2009 3 C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners 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