IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 Bail Appl..No. 240 of 2010() ------------------------------------- C.R. NO.10/2010 OF VELLARIKUNDU POLICE STATION, KASARAGOD. PETITIONER/ACCUSED: -------------------------------------- NARAYANI @ ELERI NARAYANI, D/O.AMBADI, AGED 45/10, ELERI HOUSE, CHERUMBAKOD, MALOM VILLAGE. BY ADV. SRI.K.P.HARISH RESPONDENTS/ COMPLAINANT & STATE: --------------------------------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CR.NO.10 OF 2010 OF VELLARIKUNDU POLICE STATION), KASARAGOD DISTRICT. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 240 of 2010 ------------------------------------ Dated this the 21st day of January, 2010 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 C.R. No. 10 of 2010 of Vellarikundu Police Station, Kasaragod. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 8/01/2010, the petitioner was found in possession of 2.5 litres of arrack. The petitioner was arrested on 8/01/2010 itself. She is in judicial custody. 4. 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. 5. 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 B.A. No. 240/2010 2 Class-II, Hosdurg 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 scm