IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 Bail Appl..No. 6922 of 2009 CR.NO.1 OF 2009 OF NEDUMANGAD EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- PADMAJA, D/O.SUBHADRA, GREESHMA BHAVAN, KIZHAKKUMARA, KARAKKAMTHODE, CHITTUVEETU MURI, THOLICODE VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2009, ALONGWITH B.A.NO.6923 AND 6925 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.6922, 6923 & 6925 OF 2009 ------------------------------------------------------ Dated this the 26th day of November, 2009 O R D E R These Bail Applications are filed by Padmaja, who is the accused in C.R.Nos.1 of 2009, 55 of 2009 and 74 of 2008 of Nedumangad Excise Range, for bail under Section 439 of the Code of Criminal Procedure. 2. The offence alleged against the petitioner in all these cases is under Section 8(1) and (2) of the Abkari Act. 3. In C.R.No.1 of 2009, the allegation is that on 6.1.2009, the petitioner was found in possession of three litres of arrack. The allegation in C.R.No.55 of 2009 is that on 8.9.2009, the petitioner was found in possession of 2.5 litres of arrack, while the allegation in C.R.No.74 of 2008 is that on 29.10.2008, she was found in possession of ten litres of arrack. The petitioner surrendered before the investigating officer on 2.11.2009 in respect of all the cases and she was remanded to judicial custody on the same date. B.A. Nos.6922, 6923 & 6925 OF 2009 :: 2 :: 4. Learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature, if bail is granted in the present cases. This undertaking is recorded. 5. 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. 6. The petitioner shall be released on bail on her executing bond for Rs.25,000/- in each case with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Nedumangad, 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 and Thursdays, 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. Nos.6922, 6923 & 6925 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/