IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 Bail Appl..No. 1414 of 2010() --------------------------------- CMP.268/2010 of J.M.F.C.,KATTAKADA CRIME NO. 7/2010 OF ARYANADU EXCISE RANGE, THIRUVANANTHAPURAM. .................... PETITIONER/ACCUSED : --------------------------- VASANTHA, D/O. GOWRI, ROADARIKATHU VEEDU, MANAKKAKONAM, ANAKODEMURY, VEERANAKAVU VILLAGE, NEDUMANGADU TALUK. BY ADVS. SRI.M.R.SARIN PANICKER SRI.M.R.SASITH PANICKER RESPONDENT/COMPLAINANT: --------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1414 of 2010 ------------------------------------ Dated this the 11th day of March, 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. 7/2010 of Excise Range, Aryanadu. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 21.1.2010, the petitioner was found in possession of 8 litres of arrack. She was not arrested since no woman police constable was available. The petitioner was arrested on 07.02.2010 in Crime No. 15/2010 and her formal arrest was recorded in the present case on 18.02.2010. The petitioner is in judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in three cases of similar nature, two of which were registered in 2009 and one case which was registered in 2010. 5. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any similar offence while on B.A. No. 1414 of 2010 2 bail in the present case. This undertaking is recorded. 6. As per the order dated 01.03.2010 in Bail Application No. 998/2010, bail was granted to the petitioner in Crime No. 15/2010 of Excise range, Aryanadu. 7. 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 undertaking, I am of the view that bail can be granted to the petitioner. 8. The petitioner shall be released on bail on her executing 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, Kattakada subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Wednesdays, 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. B.A. No. 1414 of 2010 3 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 ln