IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 44 of 2008()
1. KUTTAMMA, D/O.NALLAYI,
... Petitioner
2. THANKAMMA, DO. DO.
Vs
1. STATE OF KERALA REPRESENTED BY ITS
... Respondent
For Petitioner :SRI.G.P.SHINOD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :07/01/2008
O R D E R
R. BASANT, J.
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B.A.NO. 44 OF 2008
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Dated this the 7th day of January, 2008
ORDER
Application for regular bail. The petitioners are accused
1 and 2. They face allegations under the Kerala Abkari Act.
They were allegedly found to keep in their possession 5 litres
of arrack on 18/12/07. They were arrested and continue in
custody from that date. The learned Public Prosecutor
submits that the 1st petitioner has no history of any criminal
antecedents, whereas the 2nd petitioner has as many as 5 other
cases under the Abkari Act registered against her.
2. The learned Public Prosecutor does not oppose the
application in so far as the 1st petitioner/A1 is concerned. But
as against the 2nd petitioner/A2, the learned Public Prosecutor
B.A.NO. 44 OF 2008 -: 2 :-
opposes the application. I am satisfied that the 1st petitioner can
be granted bail. In so far as the 2nd petitioner is concerned, I
find merit in the opposition by the learned Public Prosecutor.
3. In the wake of opposition by the learned Public
Prosecutor, bail can be granted to the 2nd petitioner only if this
Court is in a position to entertain both the satisfactions
contemplated in Sec.41A of the Kerala Abkari Act. I am unable
to entertain either of those two satisfactions in so far as the 2nd
petitioner is concerned.
4. In the result, this petition is allowed in part. The
application for bail of the 2nd petitioner/A2 is dismissed; but with
the observation that the 2nd petitioner shall be at liberty to move
the this Court for bail again at a later stage of the investigation
– not, at any rate, prior to 18/1/08.
5. The 1st petitioner/A1 shall be granted bail on the
following terms and conditions:
(i) The 1st petitioner shall execute a bond for Rs.25,000/-
with two solvent sureties each for the like sum to the satisfaction
of the learned Magistrate.
(ii) The 1st petitioner shall make herself available for
B.A.NO. 44 OF 2008 -: 3 :-
interrogation before the Investigating Officer as and when
directed by the Investigating Officer in writing to do so.
(R. BASANT, JUDGE)
Nan/