IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 Bail Appl..No. 414 of 2009 ------------------------------------ (CRIME NO. 55/2008 OF THIRUPURAM EXCISE RANGE) ........... PETITIONER/ACCUSED: ---------------------------------- PRABHAVATHY, AGED 65, D/O.KAMALAMMA, KATTUTHARISSU PUTHEN VEEDU, ATHIYANNOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.GOPAN. RESPONDENTS/ COMPLAINANTS: ------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, THIRUPURAM EXCISE RANGE. R1 & R2 BY PUBLIC PROSECUTOR MR. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 414 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 30th day of January,2009 O R D E R Petition for bail. 2. The alleged offence is under section 8(2) of the Abkari Act. According to prosecution, petitioner was found in possession of five litres of arrack on 17-12-2008. 3. Petitioner surrendered before the Magistrate Court on 2-1-2009 and she is in judicial custody. Petitioner is aged 65 years. Learned Public Prosecutor submitted that she is involved in two other cases of similar nature. However, he has no objection in granting bail but stringent conditions may be imposed. 4. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. 5. Hence, petitioner shall be released on bail on her executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioner shall report before the Investigating Officer on every alternate day between 4 p.m. to 7 p.m. until further orders. BA 414/09 -2- 2) Petitioner shall not commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.