IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 Bail Appl..No. 4481 of 2010() ----------------------------- CRMP.2256/2010 of SESSIONS COURT, PALAKKAD .................... (CRIME NO.226/2010 OF KOTTAYI POLICE STATION,PALAKKAD DISTRICT) PETITIONER:ACCUSED: ------------------------------------- PARVATHY, AGED 30 YEARS, W/O.SIVADASAN, MATHAMPARAMBU, PULIMELLI,KOTTAYIL, PALAKKAD DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTTAYI POLICE STATION, PALAKKAD DISTRICT, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KsS K.HEMA, J. ------------------ B.A. No. 4481 of 2010 ------------------------------------ Dated this the 27th day of July, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 55(a) and (i) of the Abkari Act. According to prosecution, the police got information that sale of liquor was going on in the house of petitioner, the police party reached the house on 05.07.2010 at about 5.45 P.M., while petitioner was found carrying a bottle in her hand and a glass in the other. A person was found running away from the place. On search in the house, five bottles of Indian Made Foreign Liquor were seized. The bottle which was found in the possession of petitioner was also seized. There was a total quantity of 5.5 litres of Indian Made Foreign Liquor. Petitioner was arrested from the spot. 3. Learned counsel for petitioner submitted that petitioner is not involved in any other crime. Petitioner has nothing to do with the articles seized from the house. Petitioner was actually not carrying any bottle in her hand. These allegations are made only to include offence under Section 55(i) of the Abkari Act, since, the B.A. No. 4481 / 2010 2 article being Indian Made Foreign Liquor, offence involved will be under Section 63 of the Abkari Act, which is bailable. Petitioner is in custody for the past 23 days. 4. Learned Public Prosecutor submitted that taking into consideration, stage of investigation and the fact that petitioner is not involved in any other crime of similar nature and he has no objection in granting bail, but stringent conditions may be imposed, it is submitted. 5. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioner shall be released on bail on her executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall report before the Investigating Officer on every Sunday, between 10 A.M. and 1 P.M. ii) In case, petitioner is involved in any similar offence, her bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE ln