IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7067 of 2009()
1. KRISHNAMMA, D/O.SUBHADRA,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.SUMAN CHAKRAVARTHY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :03/12/2009
O R D E R
K.T.SANKARAN, J.
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B.A.Nos.7067 & 7086 of 2009
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Dated this the 3rd day of December, 2009
ORDER
These Bail Applications are filed by Krishnamma, the
accused in Crime No.685 of 2009 and 599 of 2009 of Aryanad
Police Station under Section 439 of the Code of Criminal
Procedure.
2. Bail Application No.7067 of 2009 relates to Crime
No.685 of 2009 of Aryanad Police Station. The offence alleged
against the petitioner is under Section 8(1) and (2) of the Abkari
Act. The prosecution case is that on 5.11.2009, the petitioner
was found in possession of 7 litres of arrack. She was arrested
on 10.11.2009 and she was remanded to judicial custody.
3. Bail Application No.7086 of 2009 relates to Crime
No.599 of 2009 Aryanad Police Station. The offence alleged
against the petitioner is under Section 8(1) and (2) of the Abkari
Act. The prosecution case is that on 20.9.2009, the petitioner
was found in possession of 5 litres of arrack. She was arrested
on 10.11.2009 and she was remanded to judicial custody. After
completing the investigation, charge was laid in the case on
BA Nos.7067 & 7086/2009 2
18.11.2009.
4. 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 these cases. 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 also taking note of the
aforesaid undertaking, I am of the view that bail can be granted
to the petitioner.
The petitioner shall be released on bail on her executing
bond for Rs.25,000/- in each case with two solvent sureties for
the like amount to the satisfaction of the Judicial Magistrate of
the First Class-I, Nedumangad, 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, until charge
is laid in Crime No.685 of 2009 of Aryanad Police Station 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;
BA Nos.7067 & 7086/2009 3
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 Applications are allowed as above.
K.T.SANKARAN,
JUDGE
csl