IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2705 of 2008 ------------------------------------ (CRIME NO. 229/2008 OF THE CHENGANNUR POLICE STATION, NOW PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE, CHENGANNUR) PETITIONER/ACCUSED-A1 -------------------------------------- VASANTHI, AGED 62 YEARS, W/O.GOPI, MANCHERIYIL VEEDU, MUNDAKAVU MURI, CHENGANNUR TALUK. BY ADV. SRI.AJITH MURALI RESPONDENTS: COMPLAINANT ------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2705 of 2008 ---------------------------------------- Dated this the 29th day of April 2008 O R D E R Application for regular bail. The petitioner, a woman aged 62 years, faces allegations under the Kerala Abkari Act. Her son is the second accused. It is alleged that the accused were found to keep in their possession 6 litres of spirit on 13/4/2008. The petitioner was arrested on that date. She continues in custody from that date. The petitioner has no history of any criminal antecedents, reports the learned Public Prosecutor. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The petitioner's son has alleged involvement in cases under the Kerala Abkari Act. Only to secure the presence of the second accused, the petitioner has been unnecessarily arrayed as an accused. The petitioner who has remained in custody from 13/4/2008 may now be enlarged on bail, it is prayed. 3. The learned Public Prosecutor does not oppose the said prayer on condition that the investigating officer is granted reasonable further time to complete the investigation and I am satisfied that regular bail can be granted to the petitioner subject to appropriate conditions. B.A.No.2705/08 2 4. In the result, this petition is allowed. The petitioner shall be released 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 06/05/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) 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. 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 B.A.No.2705/08 3 B.A.No.2705/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007