IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3117 of 2009()
1. SATHI, AGED 46, D/O.OMANA,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.R.T.PRADEEP
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :22/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 3117 OF 2009
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Dated this the 22nd June, 2009
O R D E R
This is an application for bail under Section 439 of the Code of
Criminal Procedure. The petitioner is the accused in Crime No.25 of 2009
of Neyyattinkara Excise Range.
2. The offence alleged against the petitioner is under Sections 8
(1) and (2) of the Abkari Act.
3. The prosecution case is that on 21.5.2009, the petitioner was
found transporting four litres of arrack. She was arrested on 21.5.2009
and she is in judicial custody. Learned Public Prosecutor submitted that
the petitioner is involved in three other cases as well.
4. 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.
5. The petitioner shall be released on bail on her executing bond
B.A. NO. 3117 OF 2009
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for Rs.25,000/- with two solvent sureties for the like amount to the
satisfaction of the Judicial Magistrate of the First Class – I,
Neyyhattinkara, 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
ahz/