IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 Bail Appl..No. 5810 of 2009 C.R.NO.44 OF 2009 OF ALUVA EXCISE RANGE, ERNAKULAM. PETITIONER/ACCUSED: --------------------------------------- MARY YOHANNAN, AGED 58 YEARS, W/O.YOHANNAN, THADIKKARAN HOUSE, PEERARUR KARA, MATTUR VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REP.BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, ALUVA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5810 OF 2009 ------------------------------------------------------ Dated this the 6th 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.44 of 2009 of Aluva Excise Range. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 25.9.2009, the petitioner was found in possession of 26.640 litres of Indian Made Foreign Liquor, intended for sale. The petitioner was arrested on 25.9.2009 itself and she was remanded to judicial custody. 4. Learned counsel for the petitioner submitted that the petitioner is a lady aged 58 years. It is also submitted by the learned counsel for the petitioner that the petitioner is not involved in any other case of similar nature. B.A. NO. 5810 OF 2009 :: 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 Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Aluva, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on altermate 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/