IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 Bail Appl..No. 6594 of 2009() ----------------------------------- CRIME NO. 645/2009 OF ARYANAD POLICE STATION ....................... PETITIONER/ACCUSED: ------------------------------------ PRABHA, D/O.SATHYABAMA, SEEMA NIVAS, KORAMKUZHI, UNDAPPARA, KOTTAKKAKAM MURI, ARYANAD VILLAGE. BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENT/STATE : -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. K.S. SIVAKUMAR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.6594 of 2009 ------------------------------------ Dated this the 12th 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. 645/2009 of Aryanad Police Station. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 16/10/2009, the petitioner was found in possession of 3 litres of arrack. The petitioner was arrested on 16/10/2009. She is in judicial custody. 4. The learned Public Prosecutor submitted that after completing the investigation, charge was laid in the case. 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 also the fact that charge was laid in the case, 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.15,000/-with two solvent sureties each for the like B.A. No.6594/2009 2 amount to the satisfaction of the Judicial Magistrate of the First Class-I, Nedumangad subject to the following conditions:- A) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. C) 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