IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Bail Appl..No. 7867 of 2009 CRIME NO.81 OF 2009 OF AMARAVILA EXCISE RANGE PETITIONER: ACCUSED: ---------------------------- SOBHANA @ SOBHI, V.P.III/176, VELLARADA DESOM, VELLARADA VILLAGE. BY ADV. SRI.R.GOPAN RESPONDENTS: COMPLAINANTS: ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, AMARAVILA EXCISE RANGE, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7867 OF 2009 ------------------------------------------------------ Dated this the 6th day of January, 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.81 of 2009 of Amaravila Excise Range. 2. The offence alleged against the petitioner is under Sections 8(1) and (2) and 55(g) of the Abkari Act. 3. The prosecution case is that on 21.12.2009, the petitioner was found in possession of two litres of arrack. The petitioner was arrested on 21.12.2009 and she is in judicial custody. 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the statement in paragraph 2 of the order passed by the learned Magistrate about the quantity and nature of the contraband is incorrect. This submission is recorded. B.A. NO. 7867 OF 2009 :: 2 :: 5. Learned counsel for the petitioner submitted that the petitioner is not involved in any other case of similar nature. 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 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 for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Neyyattinkara, 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; B.A. NO. 7867 OF 2009 :: 3 :: 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 ahz/