IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 Bail Appl..No. 44 of 2008() ---------------------------------- CR. NO.91/2007 OF KATTAKKADA EXCISE RANGE. ...... PETITIONERS/ACCUSED PERSONS 1 AND 2 INCR. NO.91/07 --------------------- 1. KUTTAMMA, D/O.NALLAYI, PAMMATHINKARA VEEDU, POTTAYIL, VILAVOORKKAL, VILAVOORKKAL DESOM, VILAVOORKKAL VILLAGE, NEYYATTINKARA. 2. THANKAMMA, DO. DO. BY ADV. SRI.G.P.SHINOD RESPONDENTS: COMPLAINANT IN CR.NO.91/2007 ----------------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR AT HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A.NO. 44 OF 2008 ------------------------------------------------- Dated this the 7th day of January, 2008 ORDER Application for regular bail. The petitioners are accused 1 and 2. They face allegations under the Kerala Abkari Act. They were allegedly found to keep in their possession 5 litres of arrack on 18/12/07. They were arrested and continue in custody from that date. The learned Public Prosecutor submits that the 1st petitioner has no history of any criminal antecedents, whereas the 2nd petitioner has as many as 5 other cases under the Abkari Act registered against her. 2. The learned Public Prosecutor does not oppose the application in so far as the 1st petitioner/A1 is concerned. But as against the 2nd petitioner/A2, the learned Public Prosecutor B.A.NO. 44 OF 2008 -: 2 :- opposes the application. I am satisfied that the 1st petitioner can be granted bail. In so far as the 2nd petitioner is concerned, I find merit in the opposition by the learned Public Prosecutor. 3. In the wake of opposition by the learned Public Prosecutor, bail can be granted to the 2nd petitioner only if this Court is in a position to entertain both the satisfactions contemplated in Sec.41A of the Kerala Abkari Act. I am unable to entertain either of those two satisfactions in so far as the 2nd petitioner is concerned. 4. In the result, this petition is allowed in part. The application for bail of the 2nd petitioner/A2 is dismissed; but with the observation that the 2nd petitioner shall be at liberty to move the this Court for bail again at a later stage of the investigation – not, at any rate, prior to 18/1/08. 5. The 1st petitioner/A1 shall be granted bail on the following terms and conditions: (i) The 1st petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The 1st petitioner shall make herself available for B.A.NO. 44 OF 2008 -: 3 :- interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (R. BASANT, JUDGE) Nan/