IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Bail Appl..No. 1639 of 2010() ----------------------------- CR NO.16/2010 OF ARYANAD EXCISE RANGE .................... PETITIONER/ACCUSED -------------------------------------- SOBHANA, D/O.BHARATHY, LAKSHOM VEEDU COLONY VEEDU NO.A.P.XIV/242, MANKODE, KOTTAKKAKOM MURI, ARYANADU VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/03/2010, ALONG WITH B.A.NO.1658/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------ B.A.Nos.1639 & 1658 of 2010 ------------------------------------------------ Dated this the 22nd day of March, 2010 O R D E R These Bail Applications are filed by Sobhana, the accused in CR No.16 of 2010 and CR No.48 of 2009 of Aryanad Excise Range, under Section 439 of the Code of Criminal Procedure. The offence alleged against the accused in both the cases is under Section 8(1) & (2) of the Abkari Act. 2. Bail Application No.1639 of 2010 relates to CR.No.16 of 2010. The allegation is that on 11.2.2010, the petitioner was found in possession of 5 litres of arrack. The petitioner could not be arrested as no woman police constable was available. The petitioner surrendered before court on 5.3.2010 and she was remanded to judicial custody. 3. Bail Application No.1658 of 2010 relates to CR No.48 of 2009. The allegation is that on 17.5.2009, the petitioner was found in possession of 10 litres of arrack. The petitioner could not be arrested as no woman police constable was available. The petitioner surrendered before court on 5.3.2010 and she was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that BA Nos.1639 & 1658/2010 2 the petitioner undertakes not to commit any offence of similar nature while on bail in the present cases. This undertaking is recorded. 5. 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 taking note of the aforesaid undertaking, I am of the view that bail can be granted to the petitioner. 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-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; BA Nos.1639 & 1658/2010 3 e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Applications are allowed as above. K.T.SANKARAN, JUDGE csl