IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 Bail Appl..No. 7406 of 2009() ----------------------------- CR NO.69/2009 OF NEDUMANGAD EXCISE RANGE .................... PETITIONER/ACCUSED --------------------------------------- SANTHA,D/O.SARASWATHI,PARANDODE KARAKKAMTHODE,MEKKUMKARA VEEDU,MURI,CHITTUVEETTU MURI,THOLICODE VILLAGE,NEDUMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7406 OF 2009 ------------------------------------------------------ Dated this the 17th day of December, 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.69 of 2009 of Nedumangadu Excise Range. 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 1.12.2009, the petitioner was found transporting five litres of arrack. The petitioner was arrested on 1.12.2009 and she was remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other case of similar nature. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, B.A. NO. 7406 OF 2009 :: 2 :: 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.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, 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 ahz/