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Sobhana @ Sobhi vs State Of Kerala on 6 January, 2010

Kerala High Court
Sobhana @ Sobhi vs State Of Kerala on 6 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7867 of 2009()


1. SOBHANA @ SOBHI, V.P.III/176,
                      ...  Petitioner

                        Vs



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

2. EXCISE INSPECTOR, AMARAVILA EXCISE

                For Petitioner  :SRI.R.GOPAN

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :06/01/2010

 O R D E R
                          K.T.SANKARAN, J.
             ------------------------------------------------------
                       B.A. NO. 7867 OF 2009
             ------------------------------------------------------
             Dated this the 6th day of January, 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.81 of

2009 of Amaravila Excise Range.

2. The offence alleged against the petitioner is under Sections

8(1) and (2) and 55(g) of the Abkari Act.

3. The prosecution case is that on 21.12.2009, the petitioner

was found in possession of two litres of arrack. The petitioner was

arrested on 21.12.2009 and she is in judicial custody.

4. It is submitted by the learned counsel for the petitioner as

well as the learned Public Prosecutor that the statement in

paragraph 2 of the order passed by the learned Magistrate about the

quantity and nature of the contraband is incorrect. This submission

is recorded.

B.A. NO. 7867 OF 2009

:: 2 ::

5. Learned counsel for the petitioner submitted that the

petitioner is not involved in any other case of similar nature.

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 and the present stage of investigation, I am

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

7. 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 – 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, 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;

B.A. NO. 7867 OF 2009

:: 3 ::

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

ahz/

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