IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 Bail Appl..No. 1992 of 2010() --------------------------------- CRIME NO. 323/ 2010 OF KORATTY POLICE STATION ..................... PETITIONER/ACCUSED: --------------------------- THANKA, AGED 59 YEARS, W/O. BALAN. PANAMPILLY VEETTIL, PETTAYANGADI DESOM, KOOVAKATTUKUNNU, MELOOR VILLAGE. BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. I.V.PRAMOD PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.1992 of 2010 ------------------------------------ Dated this the 30th day of March, 2010 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.323/2010 of Koratty Police Station. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 22/3/2010, the petitioner was found in possession of 4 litres of Indian Made Foreign Liquor, which was intended for sale. The petitioner was arrested on 22/3/2010 and she was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is aged 59 years and she is not involved in any other case of similar nature. 5. The learned Public Prosecutor submitted that it is true that the petitioner is not involved in any other case of similar nature, but her son is involved in abkari cases. 6. The learned counsel for the petitioner submitted that B.A. No.1992/2010 2 the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 7. 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 also the undertaking, I am of the view that bail can be granted to the petitioner. 8. The petitioner shall be released on bail on her executing bond for Rs.15,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Chalakudy 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. B.A. No.1992/2010 3 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