IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6423 of 2009()
1. SIVAMMA @ SIVANI,W/O.VASU,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.B.MOHANLAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :05/11/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.6423 of 2009
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Dated this the 5th day of November, 2009
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is the accused in
Crime No.153 of 2009 of Sasthamcotta Excise Range.
2. The offence alleged against the petitioner is under
Section 55(i) of the Abkari Act.
3. The prosecution case is that on 13.10.2009, the
petitioner was found engaged in the sale of Indian made foreign
liquor. A quantity of 650 ml. of IMFL was seized from the
possession of the petitioner. The petitioner surrendered before
court on 23.10.2009 and she was remanded to judicial custody.
4. The learned Public Prosecutor submitted that the
petitioner is involved in two other cases of similar nature.
5. The learned counsel for the petitioner submitted that
the petitioner undertakes not to commit any offence of similar
nature while on bail. This undertaking is recorded.
6. Taking into account the facts and circumstances of the
BA No.6423 /2009 2
case, the duration of the judicial custody undergone by the
petitioner, the nature of the offence and the present stage of
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.15,000/- with two solvent sureties for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class, Sasthamcotta, 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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