IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1122 of 2010()
1. AMBILI, W/O. DAVID SAMUEL, NETTIYATTU
... Petitioner
2. DAVID SAMUEL, NETTIYATTU PARAMBIL
Vs
1. THE CIRLCE INSPECTOR, PATHANAMTHITTA
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.V.SETHUNATH
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :01/03/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 1122 of 2010
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Dated this the 1st day of March, 2010
O R D E R
This is an application for bail under Section 439 of the
Code of Criminal Procedure. Petitioners are accused Nos.1 and
2 in Crime No.211/2010 of Pathanamthitta Police Station.
2. The offence alleged against the petitioners is under
Section 8(1)(2) of the Abkari Act.
3. The prosecution case is that on 10/2/2010, the
accused persons were found engaged in the sale of arrack. A
quantity of 1.9 litres of arrack was seized from the possession
of the petitioners. The second accused is the husband of the
first accused. The accused persons were arrested on 10/2/2010
and they were remanded to judicial custody.
4. The learned Public Prosecutor submitted that accused
No.2 is involved in four other cases of similar nature.
5. The learned counsel for the petitioners submitted
that the petitioners undertake not to commit any offence of
similar nature while on bail in the present case. This
undertaking is recorded.
6. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
B.A. No. 1122 / 2010
2
petitioners, the nature of the offence and also the undertaking,
I am of the view that bail can be granted to the petitioners.
7. The petitioners shall be released on bail on their
executing bond for Rs. 25,000/- each with two solvent sureties
each for the like amount to the satisfaction of the Judicial
Magistrate of the First Class-I, Pathanamthitta subject to the
following conditions:-
A) The petitioners 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 petitioners shall appear before the
Investigating Officer for interrogation as
and when required.
C) The petitioners shall not try to influence
the prosecution witnesses or tamper with
the evidence.
D) The petitioners 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
scm