IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 1ST JANUARY 2010 / 11TH POUSHA 1931 Bail Appl..No. 7789 of 2009() ----------------------------- CRMP.4886/2009 of J.M.F.C., ADOOR OR.No.154/2009 OF THE ADOOR EXCISE RANGE .................... PETITIONER/ACCUSED NO.1: -------------------------------------------- BINDHU, D/O.LALITHA, AGED 23 YEARS, BIJUBHAVANAM, PARAKOOTTOM MURI, PALLIKKAL VILLAGE, ADOOR TALUK, PATHANMTHITTA DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT/COMPLAINANT: --------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. Public Prosecutor : SRI C S HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. Q. BARKATH ALI, J. ---------------------------------------- B.A.No.7789 of 2009 --------------------------------------- Dated this 01st day of January, 2010 ORDER This is a bail application filed by accused No.1 in O.R.No.154 of 2009 of Adoor Excise Range coming within the jurisdiction of Judicial First Class Magistrate, Adoor under section 439 of Code of Criminal Procedure. 2. The allegation against the petitioner is that he along with accused Nos.2, 3 and 4 are found to be in possession of 9.45 litres of arrack on 08-12-2009 at 8.30p.m and thereby committed the offence punishable under section 8(1) and (2) of the Abkari Act. The petitioner was arrested on 19-12-2009 and remanded to judicial custody thereafter. 3. It is averred in the petition that she is innocent of the offence alleged against her and that due to previous animosity, the Excise Officers foisted a false case against her and if released on bail she shall abide by any condition that may be imposed. The trial court dismissed her bail application. 3. Notice given to the Public Prosecutor. The petition is opposed by the Public Prosecutor. Heard the counsel for petitioner and the learned Public Prosecutor. 4. Counsel for petitioner produced copy of the order dated 22- 12-2009 of bail application No.7581 of 2009, wherein, the 4th accused B.A.No.7789 of 2009 2 was granted bail by this court. That apart investigation of this case is almost over. Further petitioner is a lady. therefore I fell that the petitioner can be released on bail on conditions. In the result, the petition is allowed. Petitioner shall be released on bail on her executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the lower court on the following conditions. (i) Petitioner shall appear before the investigating officer on all Mondays between 9 a.m and 11 a.m. (ii) Petitioner shall co-operate with the investigation and shall not commit similar offence while on bail. (iii) The petitioner shall not intimidate the witness. (iv) The petitioner shall not leave the jurisdiction of this court without prior permission. P. Q. BARKATH ALI, JUDGE Sbna/ B.A.No.7789 of 2009 3