IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3352 of 2009()
1. PANKAJAKSHI,D/O.NARAYANI,KUNNUMPURATHU
... Petitioner
Vs
1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR
... Respondent
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :22/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.3352 of 2009
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Dated this the 22nd day of June, 2009
ORDER
This is an application for bail under Section 439 of the Code of
Criminal Procedure. The petitioner is the accused in Crime No.34 of
2008 of Nedumangad Excise Range.
2. The offences alleged against the petitioner are under
Sections 8(1) and (2) of the Abkari Act.
3. The prosecution case is that on 15.5.2008, the petitioner
was found in possession of 3 litres of illicit arrack. The petitioner was
arrested in connection with another case on 5.6.2009. Her arrest was
recorded in the present case on 10.6.2009. The petitioner is
continuing in judicial custody, though she was released on bail in the
other case.
4. 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.
5. The petitioner shall be released on bail on her executing
bond for Rs.25,000/- with two solvent sureties for the like amount to
BA No.3352/2009 2
the satisfaction of the Judicial Magistrate of the First Class-II,
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, 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
csl
