IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1679 of 2010()
1. LALITHA,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.M.R.SARIN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :22/03/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 1679 OF 2010
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Dated this the 22nd day of March, 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 C.R.No.52 of
2009 of Kattakada Excise Range, Thiruvananthapuram.
2. The offence alleged against the petitioner is under Sections
55(a) and (i) and 58 of the Abkari Act.
3. The prosecution case is that on 24.11.2009, the petitioner
was found in possession of 1.5 litres of coloured arrack. The
petitioner could not be arrested as no woman police constable was
available. The petitioner surrendered before Court on 10.3.2010 and
she was remanded to judicial custody.
4. Learned Public Prosecutor submitted that the petitioner
was involved in three other abkari cases, two of which were
registered in 2007 and one was registered in 2009.
B.A. NO. 1679 OF 2010
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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. This submission is recorded.
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, the present stage of investigation and also
the undertaking made by the petitioner, 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,
Kattakada, 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;
B.A. NO. 1679 OF 2010
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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/