Ramani Amma v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 19TH DAY OF JANUARY 2015/29TH POUSHA, 1936 Bail Appl..No. 260 of 2015 () ------------------------------ CRIME NO. 116/2014 OF SASTHAMCOTTA EXCISE RANGE, KOLLAM DISTRICT ------------------ PETITIONER/ACCUSED NO. 1:

-------------------------------------------- RAMANI AMMA, AGED 50 YEARS, S/O.GOPALAKRISHNAPILLAI, ANIL BHAVANAM, PULIKKALAM MURI, SURANADU NORTH VILLAGE, KUNNATHUR TALUK.

BY ADV. SRI.ZUBAIR PULIKKOOL RESPONDENT/COMPLAINANT:

----------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

B.KEMAL PASHA, J.

=================== B.A. No.260 of 2015 ==================== Dated this the 19th day of January, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner is the 1st accused in Crime No.116 of 2014 of Sasthamcotta Excise Range, registered for the offence punishable under Section 8(2) of the Abkari Act. 3.

The allegation against the petitioner and the other accused is that on 04.09.2014 at 10.30 p.m., they were found in possession of 3 litres of arrack and also the implements of brewing arrack at their house, in contravention of the provisions of the Abkari Act. The petitioner has been in custody for the period from 03.01.2015 onwards.

4.

Heard learned counsel for the petitioner and the learned Public Prosecutor.

B.A.No. 260 of 2015 -: 2 :-

5. No criminal antecedents have been reported against the petitioner. The investigation of this case is practically over. Having regard to the period undergone by the petitioner in custody, in the absence of any criminal antecedents on her part, and the small quantity of contraband involved in this case, I am of the view that the petitioner can be enlarged on bail on conditions. 6.

In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on her executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:- (i) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Mondays and Thursdays commencing from 26.01.2015 for a period of three months or till the filing of the final report in this case, whichever is earlier.

B.A.No. 260 of 2015 -: 3 :- (ii) The petitioner shall not tamper with the evidence or influence witnesses.

(iii) The petitioner shall make herself available for interrogation as and when required by the Investigating Officer.

(iv) The petitioner shall not involve in any offence while on bail.

It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.

Sd/- B. KEMAL PASHA JUDGE DSV/19/1/15 // True Copy // PA to Judge