IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 Bail Appl..No. 7358 of 2008() ----------------------------- CMP.5868/2008 of J.M.F.C.,KATTAKADA CR.NO.61/2008 OF KATTAKADA EXCISE RANGE PETITIONER (S): ACCUSED: -------------------- SAROJINI, D/O.CHELLAMMA, DHEMMARASSERI VEEDU, PUNNAVOOR, NARANALLOOR DESOM MARANALLOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): --------------- EXCISE INSPECTOR, EXCISE RANGE, KATTAKADA, REP. BY THE DIRECTOR GENERAL OF PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7358 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 five litres of arrack on 25-8-2008 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 2008 itself), but he has no objection in granting bail on BA 7358/08 -2- 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.