IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 Bail Appl..No. 620 of 2009() ---------------------------- CMP.524/2009 of J.M.F.C.-II, KOLLAM CRIME NO.121/2009 OF KOLLAM EAST POLICE STATION, KOLLAM DISTRICT PETITIONERS (S): ACCUSED 2 AND 3:- -------------------- 1. JALAJA @ W/O. HARIKRISHNAN, SHEENA HOUSE, NEAR VIMALAHREDAYA I.C.S.E., MANAKKADU CHERI, VADAKKEVILA VILLAGE, KOLLAM DISTRICT. 2. SANTHAMMA, D/O. KUNJIKUTTY AMMA, SHEENA HOUSE, NEAR VIMALAHREDAYA I.C.S.E., MANAKKADU CHERI, VADAKKEVILA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 620 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 2nd day of February, 2009 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, 950 litres of spirit were seized from the house of petitioners. Accused 1 to 3 were implicated in the offence. Petitioners are accused 2 and 3. 3. Learned counsel for petitioners submitted that petitioners are women and they are innocent of the allegations made. Even as per the remand report, 1st accused kept the article in the house and petitioners are his wife and mother. They are implicated in the offence only for the reason that they are residing in the house. Petitioners were arrested on 27-1- 2009 and they are in custody since then. The 1st petitioner is having a child aged two years who is also in the prison along with her, it is submitted. 4. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. 5. Hence, petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- BA 620/09 -2- 1) Petitioners shall report before the Investigating Officer as and when directed. 2) Petitioners 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.