High Court Kerala High Court

Prasanna Kumary vs State Of Kerala on 17 June, 2009

Kerala High Court
Prasanna Kumary vs State Of Kerala on 17 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3227 of 2009()


1. PRASANNA KUMARY,D/O.SARASU,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.T.A.UNNIKRISHNAN

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :17/06/2009

 O R D E R
                            K.T.SANKARAN, J.
               ------------------------------------------------------
                        B.A. NO. 3227 OF 2009
               ------------------------------------------------------
                     Dated this the 17th June, 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.54 of

2008 of Nedumangad Excise Range.

2. The offence alleged against the petitioner is under Sections 8

(1) and (2) of the Abkari Act.

3. The prosecution case is that on 3.8.2008, the petitioner was

found in possession of two litres of illicit arrack. The petitioner was

arrested on 3.6.2009 and she is in judicial custody.

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 the

B.A. NO. 3227 OF 2009

:: 2 ::

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

ahz/