High Court Kerala High Court

Radhamaniyamma vs State Of Kerala on 15 September, 2009

Kerala High Court
Radhamaniyamma vs State Of Kerala on 15 September, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5192 of 2009(R)


1. RADHAMANIYAMMA, D/O.PARUKUTTYAMMA,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.B.MOHANLAL

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :15/09/2009

 O R D E R
                        K.T.SANKARAN, J.
                  ---------------------------------------------
                         B.A.No.5192 of 2009
                  ---------------------------------------------
            Dated this the 15th day of September, 2009




                               ORDER

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioner is the sole accused

in Crime No.831 of 2009 of Karunagappally Police Station.

2. The offence alleged against the petitioner is under

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

3. The prosecution case is that on 21.8.2009, the

petitioner was found engaged in the sale of arrack. A quantity of

one litre of arrack was seized from the possession of the

petitioner. She was arrested on the same date. The petitioner 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.

The petitioner shall be released on bail on her executing

BA No.5192/2009 2

bond for Rs.15,000/- with two solvent sureties for the like

amount to the satisfaction of the Judicial Magistrate of the First

Class, Karunagappally, 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
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