IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 468 of 2008()
1. BALAMMA,D/O.JAYIE
... Petitioner
Vs
1. STATE OF KERALA REP. BY
... Respondent
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :28/01/2008
O R D E R
R.BASANT, J.
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B.A.Nos.468 & 469 of 2008
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Dated this the 25th day of January 2008
O R D E R
These applications by the common petitioner are for
regular bail. She was allegedly found to carry one litre of arrack
on 09/09/2007 and 20 litres of arrack on 24/11/2007. She was
arrested on 24/11/2007 in the latter case. In the other case, she
was not arrested. Her arrest was recorded only with effect from
14/1/2008. The petitioner continues in custody from that date.
In the latter case in which the arrest was effected on 24/11/2008,
final report has not been filed. The petitioner is entitled for bail
by default under the proviso to Section 167(2) Cr.P.C. In the
other case, she has remained in custody from 14/1/2008. The
learned Public Prosecutor reports that other than these two
crimes, the petitioner has no criminal antecedents.
2. The learned counsel for the petitioner prays, the
learned Public Prosecutor does not oppose the said prayer and I
am satisfied that regular bail can be granted to the petitioner
who has remained in custody from 24/11/2007, subject to
appropriate conditions.
B.A.No.468/08 2
3. In the result, these petitions are allowed. The
petitioner shall be released on bail on the following terms and
conditions:
i) 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.
ii) 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 two
months and thereafter as and when directed by the investigating
officer in writing to do so.
(R.BASANT, JUDGE)
jsr
B.A.No.468/08 3
B.A.No.468/08 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007