IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 8110 of 2007()
1. SMITHA, S/O.RAJAN, A.G.R.BHAVAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED VIA
... Respondent
2. SUB INSPECTOR OF POLICE, VALLIKUNNAM
For Petitioner :SRI.K.HARILAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :08/01/2008
O R D E R
R. BASANT, J.
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B.A.No. 8110 of 2007
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Dated this the 8th day of January, 2008
O R D E R
Application for regular bail. The petitioner, a woman,
faces allegations under the Kerala Abkari Act. 1680 litres of
spirit, which was being transported by the first accused at the
instance of the second accused in a vehicle belonging to the third
accused, was intercepted and seized. The petitioner/A3 is the
wife of the second accused. The detection and seizure were
made on 19.12.2007. She was also arrested on the same day
and she continues in custody from that date. She was not
present at the time of seizure.
2. The learned counsel for the petitioner prays, the
learned Prosecutor does not oppose the said prayer and I am
satisfied that the petitioner, whose only connection with the
crime is that the vehicle in her name was allegedly used by her
husband in collusion with the first accused for the transportation
B.A.No. 8110 of 2007
2
of spirit, can now be directed to be enlarged on bail subject to
appropriate terms and conditions.
] 3. In the result:
1) This application is allowed.
2) The petitioner shall be released on bail on the following terms
and conditions.
(a) She shall execute a bond for Rs.2,00,000/- (Rupees two
lakhs only) with two solvent sureties each for the like sum to be
satisfaction of the learned Magistrate.
(b) She shall make herself available for interrogation before the
Investigating Officer on all Mondays and Fridays between 10 a.m. and 12
noon for a period of two months and thereafter as and when directed by the
Investigating Officer in writing to do so.
(R. BASANT)
Judge
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