IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5810 of 2009()
1. MARY YOHANNAN, AGED 58 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REP.BY
... Respondent
For Petitioner :SRI.NIREESH MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :06/10/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 5810 OF 2009
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Dated this the 6th day of October, 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 C.R. No.44 of
2009 of Aluva Excise Range.
2. The offence alleged against the petitioner is under Section
55(a) of the Abkari Act.
3. The prosecution case is that on 25.9.2009, the petitioner
was found in possession of 26.640 litres of Indian Made Foreign
Liquor, intended for sale. The petitioner was arrested on 25.9.2009
itself and she was remanded to judicial custody.
4. Learned counsel for the petitioner submitted that the
petitioner is a lady aged 58 years. It is also submitted by the learned
counsel for the petitioner that the petitioner is not involved in any
other case of similar nature.
B.A. NO. 5810 OF 2009
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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 the present stage of investigation, I am
of the view that bail can be granted to the petitioner.
6. 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 – I,
Aluva, subject to the following conditions:
a) The petitioner shall report before the investigating officer
between 9 A.M. and 11 A.M. on altermate 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/