IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3877 of 2009()
1. RAJESWARI, D/O.KAMALAKSHY,
... Petitioner
Vs
1. EXCISE INSPECTOR, THIRUPURAM
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.GOPAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :16/07/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No.3877 of 2009
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Dated this the 16th day of July, 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.23/2009 of Thirupuram Excise Range, Thiruvananthapuram.
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 3/06/2009, the petitioner
was found transporting 5 litres of arrack. The petitioner
surrendered before the court on 18/06/2009 and she was
remanded to judicial custody.
4. The learned Public Prosecutor submitted that the
petitioner is involved in several other cases of the same nature.
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 on stringent conditions.
6. The petitioner shall be released on bail on her executing
B.A. No.3877/2009
Page numbers
bond for Rs.25,000/- with two solvent sureties each for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class-I, Neyyattinkara 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,Wednesdays and
Saturdays 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
scm