IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 Bail Appl..No. 2945 of 2009() --------------------------------- CRIME NO. 90/2009 OF CUMBUMMETTU POLICE STATION PETITIONER/ACCUSED:- --------------------------- MINI, AGED 38 YEARS, W/O.SATHYAN, EETTIKKAL VEEDU, ALIYAR BHAGOM, KOOTTAR KARA, KARUNAPURAM VILLAGE. BY ADV. MR. S.RAJEEV RESPONDENT/COMPLAINANT:- ---------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.90 OF 2009 OF CUMBUMMETTU POLICE STATION.) ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2945 of 2009 ------------------------------------ Dated this the 5th day of June, 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 first accused in Crime No. 90/2009 of Cumbummettu Police Station. 2. The offence alleged against the petitioner is under Sections 8(1) (2) and 55(g) of the Abkari Act. 3. The prosecution case is that the petitioner was found in possession of 10 litres of arrack, wash and other utensils for manufacturing illicit arrack. The petitioner was arrested on 3/05/2009, the date on which the offence was detected. Learned Public Prosecutor submitted that the petitioner is involved in another case as well. 4. 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. 5. The petitioner shall be released on bail on her executing B.A. No. 2945/2009 2 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, Nedumkandom 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 scm