Rajeswari vs State Of Kerala on 30 June, 2008

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Kerala High Court
Rajeswari vs State Of Kerala on 30 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 4174 of 2008()


1. RAJESWARI, D/O.KAMALAKSHI, THALAVARA
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.R.V.SREEJITH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :30/06/2008

 O R D E R
                              K.HEMA, J.

                  -----------------------------------------
                         B.A.No.4174 of 2008
                  -----------------------------------------

              Dated this the 30th day of June, 2008

                               O R D E R

This petition is for bail.

2. The alleged offence is under Section 55(i) of the Abkari Act.

Petitioner was arrested on 1.5.2008. The article involved is 1.200

litre of Indian made foreign liquor. Petitioner is in custody for the

past 60 days and the charge sheet has not been laid so far.

Therefore, she is entitled for bail under the proviso to Section 167

(2) of the Code of Criminal Procedure.

3. Learned Public Prosecutor submitted that the petitioner is

involved in several crimes and she was found selling liquor and

hence, this petition is opposed.

4. On hearing both sides, I find that the charge sheet has not

been filed within the stipulated time and hence, bail cannot be

refused to the petitioner.

Hence, the petitioner is granted bail on the following terms

and conditions:

i) Petitioner shall execute a bond for Rs.25,000/- with two

solvent sureties each for the like sum to the satisfaction of the

court below.

BA.4174/08 2

ii) Petitioner shall report before the investigating officer on

every day between 3 PM and 6 PM until further orders.

iii). Petitioner shall not commit any offence while on bail and

in case of breach of this condition, the bail is liable to be cancelled.

Petition is allowed.

K.HEMA, JUDGE

vgs.

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