IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 Bail Appl..No. 526 of 2008() ---------------------------- CMP.312/2008 of J.M.F.C.-I,KOTTARAKKARA CR.NO.2/08 OF THE EZHUKONE EXCISE RANGE. .................... PETITIONER/ACCUSED - A2 ---------------------------------------- LISY, W/O. TITUS, SIBI BHAVANAM, EDAVATTOM MURI, PAVITHRESWARAM VILLAGE, KOTTARAKKARA. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 526 OF 2008 ------------------------------------------------- Dated this the 30th day of January, 2008 ORDER Application for regular bail. The petitioner – a woman, faces allegations under the Kerala Abkari Act. She is the 1st accused. Her husband is the 2nd accused. The crux of the allegations is that the accused persons were engaged in illicit distillation of arrack. 35 litres of arrack, 900 litres of Wash and implements for distillation were allegedly found in their possession. The petitioner was arrested on 5/1/08. 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 prays, the learned Public Prosecutor does not oppose the said prayer on condition that the Investigator is granted reasonable further B.A. No. 526 OF 2008 -: 2 :- time to complete the investigation and I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. 3. In the result: (a) This application is allowed. The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall not be released from custody on the strength of this order prior to 5/2/08 The Investigator shall, in the meantime, make every endeavour to complete the investigation. (ii) 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. (iii) The petitioner shall make herself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of three 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) Nan/