IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 Bail Appl..No. 6851 of 2009 CRIME NO.410 OF 2009 OF MALAYINKEEZHU POLICE STATION PETITIONER: ACCUSED: ------------------------------- GRACY, D/O.THANKAMMA, NETTATHANNI VILA VEEDU, MALAVILA, M.L.A.ROAD, MALAYINKIL DESOM AND VILLAGE, TRIVANDRUM. BY ADV. SRI.M.R.SARIN RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6851 OF 2009 ------------------------------------------------------ Dated this the 23rd 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.410 of 2009 of Malayinkeezhu Police Station. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 1.11.2009, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of 6.150 litres of Indian Made Foreign Liquor was seized from the possession of the petitioner. The petitioner was arrested on 6.11.2009 and she was remanded to judicial custody. 4. Learned Public Prosecutor submitted that the petitioner is facing trial in another case of similar nature. B.A. NO. 6851 OF 2009 :: 2 :: 5. Learned counsel for the petitioner submitted that the petitioner undertakes not commit any offence of similar nature while on bail in this case. The above undertaking is recorded. 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, the present stage of investigation and also considering the undertaking made by the petitioner, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on her executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakkada, 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; B.A. NO. 6851 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/