IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 Appl..No. 5656 of 2009() -------------------------------- CRIME NO. 41/2009 OF KATTAKADA EXCISE RANGE ................... PETITIONER/1 AND 2 ACCUSED: ---------------------------------------------- 1. SEELAVATHY, D/O JOYIS, ANEESHA BHAVAN, VADAKKUMKARA KANIYAMKONAM, MALAYINKIL DESOM, NEYYATTINKARA, TRIVANDRUM. 2. THANKAMONY, D/O. SEELAVATHY, ANEESHA BHAVAN, DO. DO. BY ADV. SRI.M.R.SARIN RESPONDENT: -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5656 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. Petitioners are the accused persons in Crime No. 41/2009 of Kattakada Excise Range. 2. The offence alleged against the petitioners is under Section 8(1)(2) of the Abkari Act. 3. The accused persons are mother and daughter. The mother is aged 70 years. The daughter is involved in 9 other cases of similar nature. 4. The prosecution case is that on 3/9/2009, the petitioners were found in possession of 45 litres of arrack. The first accused was arrested on 3/9/2009 and the second accused surrendered before the investigating officer on 4/9/2009. The petitioners are in judicial custody. 5. The learned counsel for the petitioners submitted that the petitioners undertake not to involve in any offence of similar nature, if they are granted bail in the present case. This B.A. No. 5656/ 2009 2 undertaking is recorded. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and also the undertaking, I am of the view that bail can be granted to the petitioners on stringent conditions. 7. The petitioners shall be released on bail on their executing a 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, Kattakada subject to the following conditions:- A) The second petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders. B) The petitioners shall appear before the Investigating Officer for interrogation as and when required. C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial B.A. No. 5656/ 2009 3 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