IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7357 of 2008()
1. SAROJINI, D/O.CHELLAMMA
... Petitioner
Vs
1. EXCISE INSPECTOR
... Respondent
For Petitioner :SRI.R.T.PRADEEP
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :03/12/2008
O R D E R
K. HEMA, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
B.A. No. 7357 of 2008
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 3rd day of December,2008
O R D E R
Petition for bail.
2. The alleged offence is under section 8(2) of the Abkari
Act. According to prosecution, petitioner was found in
possession of 2.5 litres of arrack on 21-3-2008 but she was not
arrested, since woman police constable was not available.
3. Petitioner was arrested in connection with another
case on 6-11-2008. Arrest in this case was recorded on 17-11-
2008. Learned counsel for petitioner submitted that petitioner
was made an accused in various crimes but she will not repeat
the offence, but she is a widow who is suffering from various
ailments and under treatment. Petitioner’s grand daughter
attained puberty and while she was engaged in a function in
connection with it, petitioner was arrested. Petitioner’s
daughters have undertaken to look after her and provide money
for her treatment. Petitioner is aged 63 years and she may be
granted bail, it is submitted.
4. Learned Public Prosecutor submitted that stringent
conditions may be imposed while granting bail, since petitioner
is involved in ten cases of similar nature (five cases in the year
BA 7357/2008 2
2008 itself), but he has no objection in granting bail on
conditions, taking into consideration the age and the physical
state.
5. On hearing both sides, I am satisfied that bail can be
granted to petitioner on conditions. It is seen that the learned
Magistrate has passed a common order in different crimes. This
sort of disposal cannot be appreciated. He shall pass separate
orders in such cases hereafter.
6. Hence, petitioner shall be released on bail on her
executing a bond for Rs.25,000/- with two solvent sureties each
for the like amount to the satisfaction of the learned Magistrate,
on the following conditions:-
1) Petitioner shall report before the
Investigating Officer on every Monday
and Thursday between 10 a.m. and 1
p.m. until further orders.
2) Petitioner shall not commit any offence
while on bail and in case breach of this
condition, bail is liable to be cancelled.
This petition is allowed.
K.HEMA, JUDGE.
mn.