IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 Bail Appl..No. 468 of 2008() ---------------------------- CMP.334/2008 of J.M.F.C.,KATTAKADA CR.NO.109/2007 OF ARYANAD EXCISE RANGE .................... PETITIONER/ACCUSED ------------------------- BALAMMA,D/O.JAYIE PULIMOODU PUTHEN VEEDU PUTHANAMKODE, PUZHAKKADUMURIYIL VEERANAKAVU VILLAGE, NEDUMANGAD. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/01/2008 ALONG WITH B.A.NO.469/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.Nos.468 & 469 of 2008 ---------------------------------------- Dated this the 25th day of January 2008 O R D E R These applications by the common petitioner are for regular bail. She was allegedly found to carry one litre of arrack on 09/09/2007 and 20 litres of arrack on 24/11/2007. She was arrested on 24/11/2007 in the latter case. In the other case, she was not arrested. Her arrest was recorded only with effect from 14/1/2008. The petitioner continues in custody from that date. In the latter case in which the arrest was effected on 24/11/2008, final report has not been filed. The petitioner is entitled for bail by default under the proviso to Section 167(2) Cr.P.C. In the other case, she has remained in custody from 14/1/2008. The learned Public Prosecutor reports that other than these two crimes, the petitioner has no criminal antecedents. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that regular bail can be granted to the petitioner who has remained in custody from 24/11/2007, subject to appropriate conditions. B.A.No.468/08 2 3. In the result, these petitions are allowed. The petitioner shall be released on bail on the following terms and conditions: i) She shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make herself 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) jsr B.A.No.468/08 3 B.A.No.468/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007