Anitha vs State Of Kerala on 26 February, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1162 of 2008()


1. ANITHA, D/O.SARASU,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.R.V.SREEJITH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :26/02/2008

 O R D E R
                           R. BASANT, J.
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                    B.A. No. 1162 OF 2008 C
            ````````````````````````````````````````````````````
           Dated this the 26th day of February, 2008

                              O R D E R

Application for regular bail. The petitioner, a

woman, faces allegations under the Kerala Abkari Act. The

petitioner was allegedly found to be in possession of 1.750

litres of arrack on 18.1.08. She was arrested on 22.1.08 and

continues in custody from that date. The learned Public

Prosecutor submits that the petitioner has eight other cases

also registered under the Kerala Abkari Act against her. The

petitioner had come to this Court earlier claiming regular bail

and this Court by order dated 5.2.08 in BA.664/08 had

rejected the prayer for grant of regular bail. The petitioner

was permitted to move this Court again after 15.2.08.

Accordingly, this petition has been filed on 18.2.08.

2. The learned counsel for the petitioner prays, the

learned Public Prosecutor does not oppose the said prayer on

condition that the investigating officer is granted reasonable

further time to complete the investigation and I am satisfied

BA.1162/08
: 2 :

that regular bail can be granted to the petitioner subject to

appropriate conditions.

3. In the result, this petition is allowed. The petitioner

shall be enlarged on bail on the following terms and

conditions:

i) The petitioner shall not be released on bail on the

strength of this order prior to 7.3.08. The investigators shall,

in the meantime, make every endeavour to complete the

investigation.

ii) She shall execute a bond for Rs.50,000/-

(Rupees fifty thousand only) with two solvent sureties each for

the like sum to the satisfaction of the learned Magistrate.

iii) The petitioner shall make herself available for

interrogation before the investigating officer between 10 a.m

and 12 noon on all Mondays and Fridays for a period of three

months and thereafter as and when directed by the

investigating officer in writing to do so.

(R.BASANT, JUDGE)
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