High Court Kerala High Court

Sukumari vs State Of Kerala on 10 August, 2009

Kerala High Court
Sukumari vs State Of Kerala on 10 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 4405 of 2009()


1. SUKUMARI, D/O.SARASWATHI,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.T.A.UNNIKRISHNAN

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :10/08/2009

 O R D E R
                          K.T.SANKARAN, J.
                  ---------------------------------------------
                         B.A.No.4405 of 2009
                  ---------------------------------------------
              Dated this the 10th day of August, 2009



                                 ORDER

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioner is the accused in

C.R.No.154 of 2008 of Aryanad Excise Range.

2. The offences alleged against the petitioner are under

Sections 8(1) and (2) of the Abkari Act.

3. The prosecution case is that on 29.12.2008, the

petitioner was found in possession of 4 litres of arrack. She

surrendered before court on 27.7.2009 and she was remanded to

judicial custody.

4. 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

BA No.4405/2009 2

amount to the satisfaction of the Judicial Magistrate of the First

Class-I, Nedumangad, 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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