IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Bail Appl..No. 8110 of 2007() ----------------------------- CRIME NO. 260/07 OF VALLIKUNNAM POLICE STATION AGAINST THE ORDER DATED 21/12/2007 IN ORDER IN CMP.7967/2007 of J.M.F.C., KAYAMKULAM .................... PETITIONER : 3RD ACCUSED: ------------------------- SMITHA, S/O.RAJAN, A.G.R.BHAVAN, THEKKEMANGHUZHY MURI, BHARANIKAVU VILLAGE. BY ADV. SRI.K.HARILAL SRI.R.GOPAN RESPONDENTS: COMPLAINANT: ------------------------- 1. STATE OF KERALA, REPRESENTED VIA PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VALLIKUNNAM POLICE STATION. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 8110 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of January, 2008 O R D E R Application for regular bail. The petitioner, a woman, faces allegations under the Kerala Abkari Act. 1680 litres of spirit, which was being transported by the first accused at the instance of the second accused in a vehicle belonging to the third accused, was intercepted and seized. The petitioner/A3 is the wife of the second accused. The detection and seizure were made on 19.12.2007. She was also arrested on the same day and she continues in custody from that date. She was not present at the time of seizure. 2. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that the petitioner, whose only connection with the crime is that the vehicle in her name was allegedly used by her husband in collusion with the first accused for the transportation B.A.No. 8110 of 2007 2 of spirit, can now be directed to 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) She shall execute a bond for Rs.2,00,000/- (Rupees two lakhs only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (b) She shall make herself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm