IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 Bail Appl..No. 7404 of 2009() ------------------------------------- CMP.9868/2009 of J.M.F.C.-II,NEYYATTINKARA CRIME NO. 386/2009 OF THIRUVALLA POLICE STATION .................... PETITIONER/ACCUSED: ---------------------------------- BHANUMATHY, D/O. BHAGAVATHY, KUNNMPURATHU VEEDU, PANATHURA, THOTTUMUKKU, THIRUVALLA VILLAGE, PACHALLOOR DESOM. BY ADV. SRI.R.GOPAN RESPONDENTS/COMPLAINANTS: ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR, THIRUVALLA POLICE STATION, THIRUVANANTHAPURAM. BY SRI. S.U. NAZAR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ----------------------------------- B.A. No. 7404 of 2009 ------------------------------------ Dated this the 18th day of December, 2009 O R D E R Petitioner is the accused in Crime No.386/2009 of Thiruvalla Police Station registered for the offence under Section 55(a)(i) and (h) of the Abkari Act. 2. The prosecution case is that on 13.09.2009 at about 4.45 PM, she was found in possession of plastic bottles containing foreign liquor and two bottles of mattra xxx Rum containing 1000ml of Indian Made Foreign Liquor. Petitioner was arrested on 30.11.2009 and since then she has been in custody. Though petitioner sought bail, Judicial Magistrate of the First Class-II, Neyyattinkara by Annexure I, the application was dismissed. 3. Learned counsel appearing for the petitioner and the learned Public Prosecutor heard. 4. The learned Public Prosecutor has no case that petitioner was involved in any offence of this nature earlier. In such circumstances, considering the quantity of the liquor seized and period of detention, petitioner could be released on bail on sufficient conditions. B.A. No. 7404 of 2009 2 5. The petitioner shall be released on bail on her executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of Judicial Magistrate of the First Class- III, Neyyattinkara on the following conditions:- 1) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on every Wednesday for two months and thereafter as and when required by the investigating officer. 2) The petitioner shall not induce threaten or influence any witnesses in disclosing facts known to them. 3) The petitioner shall not involve in any offence of this nature. M.SASIDHARAN NAMBIAR, JUDGE ln