IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3082 of 2009(V)
1. VASANTHI, D/O.SAROJINI,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :19/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 3082 OF 2009
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Dated this the 19th June, 2009
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.76 of
2007 of Aryanad Excise Range.
2. The offence alleged against the petitioner is under Sections 8
(1) and (2) of the Abkari Act.
3. The prosecution case is that on 5.8.2007, the accused was
found transporting five litres of illicit arrack. She was not arrested as there
was no woman police constable. Later, the petitioner was arrested in
Crime No.315 of 2009 of Aryanad Police Station and in the present case,
her arrest was recorded on 29.5.2009. The petitioner is in 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.
B.A. NO. 3082 OF 2009
:: 2 ::
5. The petitioner shall be released on bail on her executing bond
for Rs.25,000/- with two solvent sureties for the like 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
ahz/
