IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 Bail Appl..No. 4980 of 2009() --------------------------------------------- CMP.10105/2009 of J.M.F.C. - I, KARUNAGAPPALLY CRIME NO.404/2009 OF OCHIRA POLICE STATION, KOLLAM .................... PETITIONER/ACCUSED: ------------------------------------- SUMATHY, D/O.KALLAYANI, PADANNAKUNNEL HOUSE, CLAPPANA SOUTH MURI, CLAPPANA VILLAGE, KARUNAGAPPALLY. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT/ COMPLAINANT: ------------------------------------------------ STATE OF KERALA, REP.BY S.I.OF POLICE, OCHIRA THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, SRI. M.S. BREEZ, PUBLIC PROSECUTOR. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4980 of 2009 ------------------------------------ Dated this the 7th day of September, 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. 404/2009 of Ochira Police Station, Kollam. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 12/8/2009, the petitioner was found engaged in the sale of arrack and she was found in possession of 1.350 litres of arrack. The petitioner was arrested on 12/08/2009 itself and she was remanded to 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.25,000/- with two solvent sureties each for the like B.A. No. 4980 /2009 2 amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagappally 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