IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 Bail Appl..No. 273 of 2009 ------------------------------------ (CRIME NO.1/2009 OF VELLIKULANGARA POLICE STATION, THRISSUR-DIST) ................. PETITIONERS/ACCUSED 1 & 2: -------------------------------------------- 1. VALLIYAMMA,W/O.SUBRAN, CHEMMINIYADAN HOUSE, KIZHAKE KUTTICHIRA DESOM, VIA-CHALAKUDY, THRISSUR -DIST. 2. SHYJU, S/O.THAMPI, KALLUVILA HOUSE, KIZHAKE KUTTICHIRA DESOM, VIA-CHALAKUDY, THRISSUR DIST. BY ADV. MR. M.H.HANIL KUMAR. RESPONDENTS/ COMPLAINANT/ STATE: ----------------------------------------------------------- 1. SUB INPSECTOR OF POLICE, VELLIKULANGARA POLICE STATION, THRISSUR DIST., REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHI-682 031. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682 031. R1 & R2 BY PUBLIC PROSECUTOR MR. K.S. SIVA KUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 273 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 30th day of January,2009 O R D E R Petition for bail. 2. The alleged offences are under sections 55(a) and (i) of the Abkari Act. According to prosecution, police arrested 1st accused with nine litres of Indian Made Foreign Liquor and on questioning, it was revealed that the said article was given by 2nd accused to her. On arrest of 2nd accused, it was found that 62 litres of artificial Indian Made Foreign Liquor was in his possession and it was kept in a bush and it was recovered. On questioning the 2nd accused, it was revealed that 3rd accused gave the said article to him and through the 3rd accused, 35 litres of spirit and 20 litres of Indian Made Foreign Liquor were seized from the terrace of the building, which was in his possession. The detection of the crime was on 1-1-2009. 3. Petitioners are accused 1 and 2 in the crime. They were arrested on 1-1-2009. Learned Public Prosecutor submitted that 1st accused being a lady, he has no objection in granting bail on conditions but bail to 2nd accused is objected. 4. On hearing both sides, I am satisfied that bail can be granted to 1st accused on conditions, but 2nd accused has not been able to establish his innocence and hence, bail cannot be BA 273/09 -2- granted to him, in view of section 41A of the Abkari Act. Hence, the following order is passed:- 1) Prayer for bail by 2nd accused is rejected. 2) The 1st accused 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) She shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. 2) She shall not commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is partly allowed. K.HEMA, JUDGE. mn.