High Court Kerala High Court

Syamala vs The State Of Kerala on 13 September, 2006

Kerala High Court
Syamala vs The State Of Kerala on 13 September, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4425 of 2006()


1. SYAMALA, D/O. SAROJINI,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.R.T.PRADEEP

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice J.M.JAMES

 Dated :13/09/2006

 O R D E R
                             J.M.JAMES, J.

                               --------------

              B.A.Nos. 4425/2006 & 4448/2006

                             ------------------

 DATED THIS THE 13TH DAY OF SEPTEMBER, 2006




                               O R D E R

The petitioner, in both the bail applications, is

one and the same person and she is before this Court,

under Section 439 Cr.P.C., as she is undergoing judicial

detention from 13.7.2006, for the offence punishable

under Section 8(1) & (2) of the Abkari Act in two cases,

viz, C.R.No.39/2006 and C.R.No.43/2005 of Amaravila

Excise Range respectively, in the above bail applications.

2. In C.R.No.39/2006, the petitioner was found in

illegal possession of two liters of illicit arrack and in

C.R.No.43/2005 also, she was found in illegal possession

of two liters of arrack.

3. The prosecution submitted that there was

another case registered against the petitioner, under the

Abkari Act, and she is a habitual offender under the Act.

The petitioner was therefore, not granted bail in the usual

course.

B.A.Nos. 4425/2006 & 4448/2006

2

4. However, considering that the petitioner is in

judicial custody from 13.7.2006, I grant bail and release

the petitioner from jail, subject to the following

condition:-

The petitioner shall execute a separate

bond for Rs.25,000/-, with two solvent

sureties, each for the like sum, to the

satisfaction of the Judicial Magistrate of

First Class-I, Neyyattinkara.

Both the applications are allowed as above.

J.M.JAMES

JUDGE

mrcs