IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 30TH APRIL 2010 / 10TH VAISAKHA 1932 Bail Appl..No. 2501 of 2010() ----------------------------------------- CRIME NO.22/2010 OF VARKKALA EXCISE RANGE, THIRUVANANTHAPURAM DIST. .................. PETITIONER/ACCUSED --------------------------------- BABY, D/O. SUSHEELA, AGED 30 YEARS, SANAL NIVAS, THOTTINKARA, HARIHARAPURAM. AYIROOR VILLAGE, CHIRANKEEZHU THALUK, THIRUVANANTHAPURAM DIST. BY ADV. SRI.P.V.DILEEP RESPONDENT/COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.SURESH C.K. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - B.A.No. 2501 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of April, 2010 ORDER This is a bail application filed by the accused in Crime No.22/2010 of Varkkala Excise Range, Thiruvananthapuram District under section 439 of Cr.P.C. 2. The allegation against the petitioner is that he was found in possession of 5 litres of arrack on April 8, 2010 at 8 a.m. on the side of Nellette-Paravoor road in Ayiroor village and that thereby committed the offence punishable under Sections 8(1) and 8(2) of Abkari Act. Petitioner was arrested on the spot. The Judicial Magistrate of First Class I, Varkkala dismissed his bail application. 3. It is alleged in the petition that petitioner is innocent of the offence alleged against him, that he is a cancer patient and that if released on bail, he will abide by any condition that may be imposed by this court. 4. Notice given to the learned Public Prosecutor. This petition is opposed by the learned Public Prosecutor. BA.No.2501/2010 2 5. Heard learned counsel for the petitioner and the learned Public Prosecutor. 6. For the following reasons, I am inclined to grant bail to the petitioner. Petitioner is a lady aged 30. She is in remand from 08/04/2010 onward. Further, she is a cancer patient. Copy of the certificate issued from the Regional Cancer Centre , Thiruvananthapuram is produced. Further, counsel for the petitioner undertakes that she will not commit similar offence again. Under these circumstances, I feel that petitioner can be released on bail subject to conditions. 7. In the result, the petition is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioner shall appear before the Investigating Officer on all Mondays between 10 a.m. and 11 a.m. 2) The petitioner shall not commit similar offence while on bail. 3) The petitioner shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. BA.No.2501/2010 3 4) Petitioner shall not leave the limits of the jurisdiction of the lower court without prior permission. 5) If petitioner violates any of the conditions mentioned above, lower court can cancel his bail. P.Q.BARKATH ALI JUDGE sv. BA.No.2501/2010 4