High Court Kerala High Court

Kuttamma vs State Of Kerala Represented By Its on 7 January, 2008

Kerala High Court
Kuttamma vs State Of Kerala Represented By Its on 7 January, 2008
       

  

  

 
 
  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.
           -------------------------------------------------
                     B.A.NO. 44 OF 2008
           -------------------------------------------------
        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/