Sali @ Prasanna vs The Sub Inspector on 8 March, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1306 of 2010()


1. SALI @ PRASANNA ,W/O.PRASANNAN,
                      ...  Petitioner

                        Vs



1. THE SUB INSPECTOR, KOIPURAM POLICE
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.V.SETHUNATH

                For Respondent  : No Appearance

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

 Dated :08/03/2010

 O R D E R
                         K.T.SANKARAN, J.
                   ---------------------------------------------
                        B.A.No.1306 of 2010
                   ---------------------------------------------
               Dated this the 8th day of March, 2010


                                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.79 of 2010 of Koipuram 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 1.2.2010, the

petitioner was found in possession of one litre of arrack. The

petitioner was arrested on 16.2.2010 and she was remanded to

judicial custody.

4. The learned Public Prosecutor submitted that the

petitioner is involved in another abkari offence.

5. The learned counsel for the petitioner submitted that

the petitioner undertakes not to commit any offence of similar

nature while on bail in the present case. This undertaking is

recorded.

6. 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, the present stage of

BA No.1306/2010 2

investigation and also taking note of the aforesaid undertaking, I

am of the view that bail can be granted to the petitioner.

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 satisfaction of the Judicial Magistrate of the First

Class-II, Pathanamthitta, 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