IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 Bail Appl..No. 1142 of 2010() ---------------------------------- CRIME NO. 41/2010 0F AMBALATHARA POLICE STATION ..................... PETITIONER/ACCUSED: ---------------------------- RAMANI M., AGED 40 YEARS, W/O.KUNHIRAMAN, MURIKKIR, ENNAPARA, THAYYANNUR VILLAGE, KASARGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT/STATE: ------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1142 of 2010 ------------------------------------ Dated this the 2nd 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.41/2010 of Ambalathara Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 08.02.2010, the petitioner was found in possession of 3.5 litres of arrack. The petitioner surrendered before the Court on 15.02.2010 and she was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that as per his instructions, the petitioner is not involved in any other offence of similar nature. 5. The learned Public Prosecutor submitted that he has not received instructions in the matter. 6. 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 B.A. No. 1142 of 2010 2 investigation, I am of the view that bail can be granted to the petitioner. 7. 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-I, Hosdurg 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 ln