IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 9328 of 2011() ----------------------------- Crime No.503 of 2011 of Kanjiramkulam Police Station, Thiruvananthapuram District. PETITIONER/ACCUSED. --------------------------------------- LEELA, AGED 47 YEARS, D/O.MEENAAKSHI PUTHALAM CHRUVILA PUTHENVEEDU, KOTTUKAL DESOM, KOTTUKAL VILLAGE. BY ADV. SRI.G.SUDHEER RESPONDENT(S): RESPONDENT/STATE. -------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 9328 OF 2011 --------------------------------- Dated this the 23rd day of November , 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.503 of 2011 of Kanjiramkulam Police Station, Thiruvananthapuram District. 2.The offence alleged against the petitioner is under Section 55(a) & (i) of the Abkari Act. 3. The prosecution case is that on 1.11.2011, the petitioner was found engaged in the sale of Indian made foreign liquor at her residence. On search of the house, 97 bottles of Indian made foreign liquor, each bottle containing 375 ml., and 15 bottles of Indian made foreign liquor, each bottle containing 1 litre, and another quantity of 200 ml. of B.A.No.9328 OF 2011 2 Indian made foreign liquor were seized. The petitioner was arrested on 1.11.2011 and she was remanded to judicial custody. 4. It is submitted by the learned Public Prosecutor that the petitioner is involved in other cases of similar nature. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature while on bail in the present case. This undertaking is recorded. 5.Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the 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 with effect from 1.12.2011. 6.The petitioner shall be released on bail on 1.12.2011 on her executing bond for `25,000/- (Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Neyyattinkara, subject to the following conditions: B.A.No.9328 OF 2011 3 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. F) 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 cms