IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Bail Appl..No. 6828 of 2008() ----------------------------- CMP.13110/2008 of J.M.F.C.-II,NEYYATTINKARA CRIME NO. 488/2008 OF VIZHINJAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- LALITHA, AGED 45 YEARS, D/O.MEENAKSHI, PUNNAVILA RODARIKATHU VEEDU, VATTAVILA, KOTTUKAL DESOM, KOTTUKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT BY ADV. SRI.S.D.ASOKAN RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VIZHINJAM POLICE STATION, VIZHINJAM, THIRUVANANTHAPURAM DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6828 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of November,2008 O R D E R Petition for bail. 2. The alleged offences are under sections 55(a) and (i) of the Abkari Act. According to prosecution, on 25-10-2008 at about 7.50 p.m. petitioner was arrested, since she was found in possession of 400 ml. of spirit. The spirit was stored for sale. 3. Learned counsel for petitioner submitted that petitioner is in custody from 25-10-2008 onwards for the past 12 days. She is not involved in any other crime. Petitioner's son's marriage is fixed on 9-11-2008 i.e., day after tomorrow and she may be granted bail, it is submitted. 4. Learned Public Prosecutor submitted that article seized is spirit but taking into consideration the peculiar circumstances, he has no objection in granting bail, but stringent conditions may be imposed. 5. Hence, petitioner shall be released on bail on her executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioner shall report before the Investigating Officer on every Monday, BA6828 /08 -2- Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. 2) Petitioner shall not commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.