IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 Bail Appl..No. 7144 of 2009 CRIME NO.919 OF 2009 OF VARKKALA POLICE STATION PETITIONER: ACCUSED --------------------------- PRASANNA, D/O. DEVAKI, PARAYIL VEEDU - 459, WARD NO.1, THONNIPPARA DESOM, ELAKAMON PANCHAYATH, PARAVOOR, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7144 OF 2009 ------------------------------------------------------ Dated this the 4th day of December, 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.919 of 2009 of Varkala Police Station. 2. The offence alleged against the petitioner is under Section 55(b) and (g) of the Abkari Act. 3. The prosecution case is that on 6.11.2009, the petitioner was found engaged in the distillation of arrack. A quantity of 750 ml of arrack and 20 litres of Wash were seized from the petitioner. The petitioner was arrested on 6.11.2009 and she was remanded to judicial custody. 4. Learned Public Prosecutor submitted that the petitioner is involved in other cases as well. 5. Learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. B.A. NO. 7144 OF 2009 :: 2 :: 6. 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, the present stage of investigation and also the undertaking made by the petitioner, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on her executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Varkala, 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 ahz/