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. 5633 of 2009() ----------------------------- CR NO.97/2009 OF ARYANAD EXCISE RANGE .................... PETITIONER/1ST ACCUSED ------------------------------------------ SYAMALA,D/O. DAKSHAYANI, CHENCHERY ROADARIKATHU VEEDU,KOTTAKKAKAM MURI, ARYANAD 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.TEKCHAND 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.5633 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 accused No.1 in C.R.No.97 of 2009 of Aryanad Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1) & (2) and 55(g) of the Abkari Act. 3. The prosecution case is that on 16.9.2009, the petitioner was found in possession of 10 litres of arrack and the accessories for distillation of arrack. The petitioner was arrested on the same date. 4. It is submitted by the learned counsel for the petitioner that the petitioner is not involved in any other offence. It is also pointed out that the second accused was released on bail as per the order passed in B.A.No.5665 of 2009 dated 5.10.2009. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.5633/2009 2 petitioner, the nature of the offence and the present stage of investigation, 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.25,000/- 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