IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 Bail Appl..No. 6176 of 2009() ------------------------------------ CMP.8578/2009 of J.M.F.C.-II,NEYYATTINKARA C.R.NO. 60/2009 OF AMARAVILA EXCISE RANGE .................... PETITIONER/ACCUSED: ----------------------------------- THULASI, AGED 61, D/O.KUNJULAKSHMI, MULAKAM KALLARAKKALPURAMPOKKU PUTHEN VEEDU, MEKKOLLA DESOM, KOLLAYIL VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.BLAZE K.JOSE RESPONDENTCOMPLAINANT: ------------------------------------------ STATE OF KERALA, REPRESENTING BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING EXCISE INSPECTOR, AMARAVILA EXCISE RANGE. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6176 of 2009 ------------------------------------ Dated this the 26th day of October, 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 C. R.No. 60/2009 of Amaravila Excise Range. 2. The offence alleged against the petitioner is under Section 8 (1)(2) of the Abkari Act. 3. The prosecution case is that on 02.10.2009, the petitioner was found in possession of 35 litres of arrack and he was arrested on the same date. The petitioner is in judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in two other cases of similar nature. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature, if the petitioner is granted bail in the present case. This undertaking is recorded. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 6176 of 2009 2 petitioner, the nature of the offence and also the undertaking, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on her executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, 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 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 ln