IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 362 of 2010()
1. KARICHI.K.M,AGED 60 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR
... Respondent
For Petitioner :SMT.T.SUDHAMANI
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :27/01/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 362 OF 2010
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Dated this the 27th day of January, 2010
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.3 of
2010 of Nileshwar Excise Range.
2. The offence alleged against the petitioner is under Section
8(1) and (2) of the Abkari Act.
3. The prosecution case is that on 11.1.2010, the petitioner
was found in possession of four litres of arrack. The petitioner was
arrested on the same date and she is in judicial custody.
4. The learned Public Prosecutor submitted that the petitioner
is involved in another abkari offence.
5. It is submitted by the learned counsel for the petitioner that
the petitioner undertakes not to commit any offence of similar nature
while on bail in the present case. The above undertaking is
recorded.
B.A. NO. 362 OF 2010
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6. 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.
7. 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 – II,
Hosdurg, 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/