IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 Bail Appl..No. 3446 of 2009() ----------------------------- CRIME NO.21/2009 OF KATTAKADA EXCISE RANGE PETITIONER/ ACCUSED: ----------------------------------- LEELA, D/O. GOWRIKUTTY, ASHA BHAVAN, KUNCHUKONAM, MALAYINKIL DESOM AND VILLAGE, NEYYATINKARA TALUK. BY ADV. SRI.M.R.SARIN SRI.M.R.SASITH RESPONDENT/COMPLAINANT: ---------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M. S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3446 of 2009 ------------------------------------ Dated this the 7th day of July, 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.21/2009 of Kattakada Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 15/04/2009, the petitioner was found in possession of 20 litres of arrack. The petitioner was arrested in connection with some other case and her formal arrest recorded in the present case is on 15/06/2009. The petitioner is in 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 on stringent conditions. 5. The petitioner shall be released on bail on her executing bond for Rs.50,000/- with two solvent sureties each for the like B.A. No. 3446/2009 Page numbers amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakada 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 and Fridays, 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