IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 Bail Appl..No. 6834 of 2009() -------------------------------------- CMP.7901/2009 of J.M.F.C.-I,NEDUMANGAD CRIME NO. 679/2009 OF ARYANAD POLICE STATION .................... PETITIONER/ACCUSED: ----------------------------------- VASUMATHY, D/O.KARTHIYAYANI, SUNIL BHAVAN, AP 12/592, KALLUPALAM, KOTTAKKAKAM MURI, ARYANAD VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM. BY ADVS. SRI.S.RAJEEV & SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT/STATE: ------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM(CRIME NO.679 OF 2009 OF ARYANAD POLICE STATION). BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6834 of 2009 ------------------------------------ Dated this the 30th day of November, 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 accused in Crime No. 679/2009 of Aryanad Police Station. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 03.11.2009, the petitioner was found in possession of 7 litres of illicit arrack. She was arrested on the same day. The petitioner is in judicial custody since then. 4. The learned Public Prosecutor submitted that the petitioner is a habitual offender under the Provisions of the Abkari Act. This is disputed by the learned counsel for the petitioner and it is submitted by him that no crime has been registered against the petitioner so far. The Crime number and other details are not furnished by the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 6834 of 2009 2 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. 15,000/- with two solvent sureties each 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, 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