IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Bail Appl..No. 929 of 2008() ---------------------------- CRIME NO.44 OF 2008 OF BALARAMAPURAM POLICE STATION : PETITIONER/2ND ACCUSED --------------------------------------- BINDU, AGED 30, S/O. RADHA NISHA BHAVAN, MAVILAKKADAVU JUNCTION VENKADAMBU DESAM, KULATHOOR VILLAGE. BY ADV. SRI.BLAZE K.JOSE RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA REPRESENTING SUB INSPECTOR OF POLICE BALARAMAPURAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.929 of 2008 ------------------------------------- Dated this the 18th day of February, 2008 ORDER Application for regular bail. Petitioner, a woman, faces allegations in a crime registered under the Kerala Abkari Act. She is the 2nd accused. First accused is her husband. Both of them were arrested on 29.01.08. They continue in custody from that date. 200 litres of wash along with jaggery etc. for the manufacture of illicit liquors were allegedly seized from the possession of both the accused persons. The contraband article was available in a house in which the petitioner along with her husband allegedly resides. The petitioner, the 2nd accused alone has come up before this Court now for regular bail. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The learned counsel for the petitioner submits that though the petitioner does not make any admission, the Court may consider the hard plight of the wife under the circumstances alleged in the case even if the entire allegations were held to be reckoned as true and acceptable. The petitioner, a woman, who has been remaining in custody from 29.01.08 may now be enlarged on bail, it is prayed. B.A.No.929 of 2008 2 3. The learned Public Prosecutor does not oppsoe the application, but submits that the grant of bail to the petitioner may not be reckoned as a satisfactory reason to justify a similar claim by the husband. With that clarification, the learned Public Prosecutor only submits that regular bail can now be granted to the petitioner subject to appropriate terms and conditions. 4. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) 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, JUDGE) rtr/-