IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Bail Appl..No. 6782 of 2011 CMP.2240/2011 OF J.M.F.C., SASTHAMCOTTA CRIME NO.158 OF 2011 OF SASTHAMCOTTA EXCISE RANGE, KOLLAM. PETITIONER/ACCUSED -------------------------------------- CHANDRAMATHI, W/O.JALADHARAN, THARAYIL VEEDU, PADINJATTUM MURI, SOORANAD NORTH VILLAGE, KUNNATHOOR TALUK, KOLLAM. BY ADV. SRI.SHABU SREEDHARAN SRI.C.K.PRASAD SRI.T.S.ANURAJ SRI.B.BALA PRASANNAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE EXCISE RANGE INSPECTOR, SASTHAMCOTTA THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6782 OF 2011 ------------------------------------------------------ Dated this the 26th day of August, 2011 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.158 of 2011 of Sasthamcotta Excise Range, Kollam District. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 11.8.2011, the petitioner was found in possession of 1.3 litres of arrack. The petitioner was arrested on 11.8.2011 and she was remanded to judicial custody. 4. It is stated that the petitioner was convicted for an offence under Section 302 of the Indian Penal Code. She was enlarged on bail by the orders of the Honourable Supreme Court. It is submitted by the petitioner that she is aged 60 years and she has to maintain her two mentally retarded children. BAIL APPL. NO.6782 OF 2011 :: 2 :: 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 the present stage of investigation, 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 Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Sasthamcotta, 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/