IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 Bail Appl..No. 6288 of 2009() ---------------------------------------- CRIME NO.4/2009 OF NEDUMANGAD EXCISE RANGE, THIRUVANANTHAPURAM. PETITIONER/ACCUSED: ------------------------------------- RAJAMMA, D/O.PONNAMMA, THADATHARIKATHU GURUMANDIRAM VEEDU, IRACHIPPARA, KOTTAKKAKOM MURI, VITHURA VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT/ COMPLAINANT: ---------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2009, ALONG WITH BA NO. 6313 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos. 6288 & 6313 of 2009 ------------------------------------ Dated this the 9th day of November, 2009 O R D E R The accused in C.R.Nos.4/2009 and 62/2009 of Nedumangad Excise Range have filed B. A. Nos. 6288 of 2009 & 6313 of 2009 respectively. The accused in both these crimes is the same person. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case in C.R. No.4/2009 is that on 16/01/2009, the petitioner was found in possession of 5 litres of arrack. The prosecution case in C.R. No.62/2009 is that on 20/10/2009, the petitioner was found in possession of 2.5 litres of arrack. The petitioner was arrested on 20/10/2009 and she was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present cases. This undertaking is recorded. 5. Taking into account the facts and circumstances of the B.A. Nos. 6288 & 6313 / 2009 2 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. 6. The petitioner shall be released on bail on her executing bond for Rs.25,000/-each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Nedumangad 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 scm