IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 13TH DECEMBER 2007 / 22ND AGRAHAYANA 1929 Bail Appl..No. 7679 of 2007() ---------------------------------- CR. NO.65/2007 OF KATTAKADA EXCISE RANGE .... PETITIONER/ACCUSED --------------- OMANA, D/O. AMMU, RESIDING AT THOPPIL PUTHEN VEEDU, PIRAYIL, KURISSUMUTTAM DESOM, VILAPPIL VILLAGE,NEYYATTINKARA TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENTS: COMPLAINANT ----------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/12/2007, ALONG WITH BA. NO.7680/2007 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.Nos.7679 & 7680 of 2007 ---------------------------------------- Dated this the 13th day of December 2007 O R D E R Application for regular bail. The common petitioner, a woman faces allegations in these two crimes both registered under the Kerala Abkari Act. The petitioner was allegedly found to be in possession of 2.5 litres of arrack on 17/9/2007 and 3 litres of arrack on 19/10/2007. She was arrested and continues in custody from 19/10/2007. Her arrest has been recorded in the earlier crime with effect from 26/11/2007. The learned Public Prosecutor points out that the petitioner has five other cases all under the Kerala Abkari Act registered against her earlier. Investigation is in progress. The petitioner remains in custody from 19/10/2007. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that the investigating officers are granted the full complement of sixty days from the date of arrest of the petitioner i.e 19/10/2007 to complete the investigation in both crimes and I am satisfied in the facts and circumstances of this case that regular bail can be granted to the petitioner subject to appropriate conditions. B.A.No.7679 & 7680/07 2 3. In the result, this petition is allowed. The petitioner shall be enlarged on bail on the following terms and conditions: i) The petitioner shall not be released on bail on the strength of this order prior to 18/12/2007. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) She shall in each case 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. iii) 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 from the date of her release and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.7679 & 7680/07 3 B.A.No.7679 & 7680/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007