IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 Bail Appl..No. 10078 of 2011() ------------------------------ CMP.10045/2011 of J.M.F.C.-I,HOSDRUG C.R.NO.96/2011 OF HOSDURG EXCISE RANGE .................... PETITIONER : ACCUSED : ---------------------- CHIRUTHA.P, AGED 59 YEARS, W/O. NARAYANAN, CHEMOODU HOUSE, KODOM VILLAGE, KODOM POST, HOSDURG TALUK, KASARAGOD DISTRICT BY ADV. SRI.T.MADHU RESPONDENT: STATE -------------------- STATE OF KERALA, THROUGH THE EXCISE RANGE OFFICER, HOSDURG EXCISE RANGE, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.10078 of 2011 ---------------------------------------------- Dated this the 12th day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No.96 of 2011 of Hosdurg Excise Range. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The prosecution case is that on 26/11/2011, the petitioner was found carrying 10 litres of wash. 4. The petitioner was arrested on 26/11/2011 and she was remanded to judicial custody. 5. The learned counsel for the petitioner submitted that the petitioner is an old lady aged 59 years. 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. Bail Appln.No.10078/2011 : 2 : 7. The petitioner shall be released on bail on her executing bond for `15,000/-(Rupees Fifteen thousand only) with two solvent sureties 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 skj