IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 Bail Appl..No. 957 of 2008() ---------------------------- CRIME NO. 5/08 OF VAMANAPURAM EXCISE RANGE CMP.712/2008 of J.M.F.C.-I,NEDUMANGAD .................... PETITIONER : ACCUSED NO.2: ------------------------------ BABY, W/O.SURESH BABU, KUNNUMPURATHU VEEDU, PALLIMANKUZHI, ANACHAL DESOM, VAMANAPURAM VILLAGE. BY ADV. SRI.M.DINESH RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 957 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of February, 2008 O R D E R Application for regular bail. The petitioner is the second accused. Her husband is the first accused. They were allegedly found to be in possession of 30 litres of spurious IMFL, 130 litres of wash and 200 ml. of arrack. Seizure was effected and the petitioner was arrested on 15.1.2008. The petitioner's husband was not available at the time of arrest. The petitioner continues in custody from that date. 2. The learned counsel for the petitioner submits that the petitioner is innocent. At any rate, the petitioner cannot be attributed contumacious knowledge and possession. Even according to the prosecution her husband is the one, who was indulging in such activities. There are two earlier crimes as against the husband of the petitioner. The petitioner, who has remained in custody from 15.1.2008, may now be granted regular bail, prays the learned counsel. B.A.No. 957 of 2008 2 3. The learned Prosecutor does not oppose the application and I am satisfied, in the facts and circumstances of this case, that the petitioner can now 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) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 12 noon on all Mondays and Fridays for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) tm Judge B.A.No. 957 of 2008 3