Kerala High Court

Bail Appl./7989/2007 of OMANA Vs STATE OF KERALA on 28 December 2007

HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 28TH DECEMBER 2007 / 7TH POUSHA 1929 Bail Appl..No. 7989 of 2007() ----------------------------- (CRIME NO.88/2007 OF NOORANAD EXCISE RANGE) PETITIONER --------------------------- OMANA, W/O.RAJU,

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE V.K.MOHANAN

FRIDAY, THE 28TH DECEMBER 2007 / 7TH POUSHA 1929

Bail Appl..No. 7989 of 2007()

-----------------------------

(CRIME NO.88/2007 OF NOORANAD EXCISE RANGE)

PETITIONER

---------------------------

OMANA, W/O.RAJU, RAJEEBHAVANAM,

KARIMULAKKAL, NOORANADU.

BY ADV. SRI.RASHEED C.NOORANAD

RESPONDENT:

-------------

EXCISE INSPECTOR, NOORANAD EXCISE

RANGE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION

ON 28/12/2007, THE COURT ON THE SAME DAY PASSED THE

FOLLOWING:

V. K.MOHANAN, J.- - - - - - - - - - - - - - - - - Bail Application NO.7989 of 2007

- - - - - - - - - - - - - - - - Dated this the 28[th] day of December,2007.

O R D E R

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In this application filed under Sec. 438 Cr.P.C. the petitioner who is the accused in Crime No.86/2007 of Nooranad ExciseRange for an offence punishable under section 55(a) of the AbkariAct for allegedly having been found in possession of 3 litres ofarrack, seeks anticipatory bail.

2. I have heard the learned counsel for the petitioner andthe learned Public Prosecutor.

3. Having regard to the nature of the allegations levelledagainst the petitioner and the other circumstances of the case, Iam inclined to grant anticipatory bail to the petitioner.Accordingly, a direction is issued to the officer-in-charge of thepolice station concerned to release the petitioner on bail for aperiod of one month in the event of her arrest in connection withthe above case on executing a bond for Rs. 10,000/- (Rupees tenthousand only) with two solvent sureties each for the like amountto the satisfaction of the said officer and subject to the followingconditions:

1. Petitioner shall report before the Investigating Officerbetween 9 a.m. and 11 a.m. on all Wednesdays.between 9 a.m. and 11 a.m. on all Wednesdays.

2. Petitioner shall make herselves available forinterrogation as and when required by theInvestigating Officer.interrogation as and when required by theInvestigating Officer.

3. Petitioner shall not influence or intimidate theprosecution witnesses nor shall she attempt to tamperwith the evidence for the prosecution.prosecution witnesses nor shall she attempt to tamperwith the evidence for the prosecution.

4. Petitioner shall not commit any offence while on bail.

5. Petitioner shall surrender before the Magistrateconcerned and seek regular bail in the meanwhile.concerned and seek regular bail in the meanwhile.

4. If the petitioner commit breach of any of the aboveconditions, the bail granted to her shall be liable to be cancelled.

This application is allowed as above.

V.K.MOHANAN,

JUDGE.

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