IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 Bail Appl..No. 7067 of 2009() ----------------------------- CRIME NO.685/2009 OF ARYANAD POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- KRISHNAMMA, D/O.SUBHADRA, PARANKIMAM MOODU VEEDU, KOTTAKKAKAM, ARYANAD VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.SUMAN CHAKRAVARTHY SMT.M.P.SUNITHA BEEGUM RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2009, ALONG WITH B.A.NO.7086/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.Nos.7067 & 7086 of 2009 --------------------------------------------- Dated this the 3rd day of December, 2009 ORDER These Bail Applications are filed by Krishnamma, the accused in Crime No.685 of 2009 and 599 of 2009 of Aryanad Police Station under Section 439 of the Code of Criminal Procedure. 2. Bail Application No.7067 of 2009 relates to Crime No.685 of 2009 of Aryanad Police Station. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. The prosecution case is that on 5.11.2009, the petitioner was found in possession of 7 litres of arrack. She was arrested on 10.11.2009 and she was remanded to judicial custody. 3. Bail Application No.7086 of 2009 relates to Crime No.599 of 2009 Aryanad Police Station. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. The prosecution case is that on 20.9.2009, the petitioner was found in possession of 5 litres of arrack. She was arrested on 10.11.2009 and she was remanded to judicial custody. After completing the investigation, charge was laid in the case on BA Nos.7067 & 7086/2009 2 18.11.2009. 4. It is submitted by the learned counsel for the petitioner that the petitioner undertakes not to commit any offence of similar nature while on bail in these 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 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/- in each case 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, until charge is laid in Crime No.685 of 2009 of Aryanad Police Station 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; BA Nos.7067 & 7086/2009 3 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 Applications are allowed as above. K.T.SANKARAN, JUDGE csl