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. 5672 of 2009() ----------------------------- CRIME NO.430/2009 OF PALODE POLICE STATION .................... PETITIONER/ACCUSED: --------------------------------------- SAROJINI, D/O.BHARATHI, P.P.IV/190, IDAVAM THOLACHAL NALU CENT COLONY, ANADU MURI, THENNUR VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.NITHIN JACOB 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 06/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5672 of 2009 --------------------------------------------- Dated this the 6th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.430 of 2009 of Palode Police Station. 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 19.9.2009, the petitioner was found in possession of 600 ml. of arrack. She was arrested on the same day. The petitioner is in judicial custody. 4. The learned Public Prosecutor submitted that the petitioner is involved in several cases of similar nature. 5. The learned counsel for the petitioner submitted that if the petitioner is released on bail in this case, the petitioner undertakes not to commit any offence while on bail. This undertaking is recorded. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.5672/2009 2 petitioner, the nature of the offence and the present stage of investigation and also taking note of the aforesaid undertaking, I am of the view that bail can be granted to the petitioner. 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 csl