IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 285 of 2010()
1. SAROGAM,D/O. CHELLAMMA, UDAYA SAROJA
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :20/01/2010
O R D E R
K.T.SANKARAN, J.
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B.A.No.285 of 2010
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Dated this the 20th day of January, 2010
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is the accused in
Crime No.2 of 2010 of Vamanapuram Excise Range.
2. The offence alleged against the petitioner is under
Section 55(a) & (i) of the Abkari Act.
3. The prosecution case is that on 12.1.2010, the
petitioner was found in possession of 4.5 litres of Indian made
foreign liquor. The allegation is that the Indian made foreign
liquor was stored for sale. The petitioner was arrested on
12.1.2010 itself.
4. The learned counsel for the petitioner submitted that
the Indian made foreign liquor was purchased from the outlet of
the Beverages Corporation for being used in connection with the
engagement of the younger sister of the petitioner on 13th
January 2010. The petitioner is not involved in any other offence
of similar nature. It is submitted that the crime was registered
on the basis of a petition filed by the neighbour of the petitioner
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who had enmity towards the petitioner and her family. It is also
stated that there is a civil dispute between the petitioner and her
neighbour, who gave the information to the police. It is also
submitted by the learned counsel for the petitioner that the
petitioner was admitted in the Medical College Hospital due to
chest pain and that she was discharged from the hospital.
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.
The petitioner shall be released on bail on her executing
bond for Rs.15,000/- with two solvent sureties for the like
amount to the 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 alternate 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;
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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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