IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Bail Appl..No. 4765 of 2009 ----------------------------- CRIME NO.30 OF 2009 OF THIRUPURAM EXCISE RANGE CMP.3984/2009 of J.M.F.C.-I,NEYYATINKARA PETITIONER/ACCUSED -------------------------------------- PRABHAVATHY, AGED 60, D/O.KAMALAMMA, AVANAKUZHI KADATHARISSU VEEDU, ATHIYANNOOR VILLAGE AND DESOM, NEYYATTINKARA TALUK. BY ADV. SRI.R.GOPAN RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED VIA. PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, THIRUPURAM EXCISE RANGE. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4765 OF 2009 ------------------------------------------------------ Dated this the 26th August, 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.30 of 2009 of Thirupuram 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 6.8.2009, the petitioner was found in possession of two litres of arrack. The petitioner was arrested on the same date and she was remanded to judicial custody. 4. Learned counsel for the petitioner submitted that the petitioner is a woman aged 60 years. Learned Public Prosecutor, on the other hand, submitted that the petitioner is involved in ten other cases of similar nature. It is submitted by the learned counsel for the B.A. NO. 4765 OF 2009 :: 2 :: petitioner that if the petitioner is released on bail, she will not indulge in any criminal activities including offence of the same nature. 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 and the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 5. The petitioner shall be released on bail on her executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Neyyattinkara, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Sundays and Wednesdays, 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. 4765 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/