IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5207 of 2009()
1. SOBHI, D/O.THANKAMMA,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED
... Respondent
For Petitioner :SRI.R.T.PRADEEP
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :05/10/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.5207 of 2009
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Dated this the 5th day of October, 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.40 of 2009 of Excise Range, Kattakada.
2. The offence alleged against the petitioner is under
Section 8(1)(2) of the Abkari Act.
3. The prosecution case is that on 25.8.2009, the
petitioner was found in possession of 2 litres of arrack. She was
arrested on the same date. The petitioner is in judicial custody.
4. The learned Public Prosecutor submitted that the
petitioner is involved in six other cases. It is also stated that in
C.R.No.72 of 2008 of Kattakada Excise Range, the petitioner was
granted bail by the High Court, as per the order dated
15.12.2008, with a condition that the petitioner had to appear
before the investigating officer twice in a week. It is also
submitted that during the period while the petitioner was on bail
in C.R.No.72 of 2008, the petitioner has committed the offence
BA No.5207/2009 2
involved in the present case.
5. The learned counsel for the petitioner submitted that
the petitioner undertakes not to involve in any activity contrary
to the provisions of the Abkari Act and that she would not
commit any offence of a similar nature, if bail is granted to her 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 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.50,000/- with two solvent sureties for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class, Kattakada, subject to the following conditions:
a) The petitioner shall report before the investigating officer
between 9 A.M. and 11 A.M. on every Tuesday and Friday,
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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