High Court Kerala High Court

Prabha vs State Of Kerala on 12 November, 2009

Kerala High Court
Prabha vs State Of Kerala on 12 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6594 of 2009()


1. PRABHA, D/O.SATHYABAMA,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.NAGARAJ NARAYANAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :12/11/2009

 O R D E R
                        K.T. SANKARAN, J.
                     ---------------------------
                      B.A. No.6594 of 2009
                ------------------------------------
            Dated this the 12th day of November, 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

Crime No. 645/2009 of Aryanad Police Station.

2. The offence alleged against the petitioner is under

Section 8(1)(2) of the Abkari Act.

3. The prosecution case is that on 16/10/2009, the

petitioner was found in possession of 3 litres of arrack. The

petitioner was arrested on 16/10/2009. She is in judicial custody.

4. The learned Public Prosecutor submitted that after

completing the investigation, charge was laid in the case.

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 the fact that charge

was laid in the case, 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.15,000/-with two solvent sureties each for the like

B.A. No.6594/2009
2

amount to the satisfaction of the Judicial Magistrate of the First

Class-I, Nedumangad subject to the following conditions:-

A) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence.

B) The petitioner shall not commit any offence
or indulge in any prejudicial activity while
on bail.

C) 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