Ambika v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937 Bail Appl..No. 7019 of 2015 --------------------------------------- CRIME NO. 64/2015 OF EXCISE RANGE, KATTAKADA, THIRUVANANTHAPURAM ----------------- PETITIONER(S)/ACCUSED :

------------------------------------------ AMBIKA, AGED 55 YEARS, D/O.THANKAMMA, MEKKUMKARA VEEDU, XI/357, KURKANNAVOOR, MARANALLOOR VILLAGE, KATTAKADA TALUK. BY ADV. SRI.G.SUDHEER RESPONDENT(S)/COMPLAINANT :

---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SMT.T.Y.LALIZA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

A.HARIPRASAD, J.

-------------------------------------- B.A. No.7019 of 2015 -------------------------------------- Dated this the 18th day of November, 2015

ORDER

Application for bail under Section 439 of the Code of Criminal Procedure.

2.

Accused in Kattakkada Excise Range Crime No.64 of 2015 registered for an offence punishable under Section 55(i) of the Abkari Act seeks bail.

3.

Prosecution case is that the petitioner was arrested on 15.10.2015 at 2.30 p.m. with the allegation that she possessed 850 ml. of Indian Made Foreign Liquor intended for sale. She remains in custody from 15.10.2015 onwards.

4.

Heard both sides.

5.

Learned Prosecutor opposed the bail application contending that the petitioner is involved in two other cases of similar nature. Considering the nature of allegations, bail is granted to the petitioner with following conditions:

i.

Petitioner shall be released on bail on executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties each for

BA No.7019/2015 the like sum to the satisfaction of the learned Magistrate having jurisdiction. ii.

The sureties shall produce documents to establish their identity and solvency. The lower court need not insist on the solvency certificate, but other documents can also be perused to find out whether the sureties are solvent or not.

iii.

Petitioner shall appear before the Investigating Officer on all Mondays and Thursdays between 9.00 and 10.00 a.m until final report is filed.

iv.

She shall not indulge in any offence while on bail. v.

She shall not influence or intimidate the witnesses or meddle with the investigation in any manner.

If any of the above conditions is breached by the petitioner, the lower court concerned is free to cancel bail without referring the matter to this Court.

A. HARIPRASAD, JUDGE.

cks