IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 Bail Appl..No. 7288 of 2011() ----------------------------- C.R.NO.84 OF 2010 OF PATHANAMTHITTA EXCISE RANGE PETITIONER: ACCUSED --------------------------- MANI, AGED 37 YEARS, BLOCK NO. 69, EZHIKKADU HARIJAN COLONY, KURICHIMUTTOM MURI, KIDANGNOOR VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7288 of 2011 ---------------------------------------------- Dated this the 07th day of September, 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.84 of 2010 of Pathanamthitta Excise Range. 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 18/12/2010, the petitioner was found in possession of five litres of arrack. The petitioner was arrested on 28/08/2011 and she was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in two other Abkari offences. 5. The learned Counsel for the petitioner submitted that the petitioner, a young woman was abandoned by her husband and she has to maintain two daughters. It is also submitted that the petitioner belongs to a Scheduled Caste. Bail Appln.No.7288/2011 : 2 : 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. 7. The petitioner shall be released on bail on her executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Pathanamthitta, 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. Bail Appln.No.7288/2011 : 3 : 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 True copy P.A. to Judge