IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 Bail Appl..No. 4519 of 2008() ----------------------------- CRIME NO.37/2008 BALUSSERY EXCISE RANGE .................... PETITIONER/ACCUSED ----------------------------------- RADHA, W/O.SANKARAN, EDAVALATH MEETHAL HOUSE, ATHOLI AMSOM DESOM, POST MODAKKALLUR, KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA THROUGH THE EXCISE INSPECTOR, BALUSSERY EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------- Bail Application No.4519 of 2008 --------------------------------------- Dated this the 18th day of July, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 8(1) and (2) of Abkari Act. The article involved is five litres of illicit arrack. The petitioner surrendered before the court and she was remanded to custody on 4.7.2008. She is in custody since then. 3. Learned counsel for the petitioner submitted that the petitioner's daughter is having some visual disability and she is under treatment. Her husband is an epilepsy patient and the petitioner by herself is asthmatic patient as revealed by Annexure A1 and A2 certificates. The petitioner is absolutely innocent but the petitioner's husband is involved in offences under the Abkari Act and on impression that if petitioner is implicated in an offence, her husband will stop the business and a crime is registered against the petitioner. 4. Learned public prosecutor submitted no other crime is BA No.4519/08 2 registered against the petitioner and hence, he has no objection in granting bail on conditions. Hence, bail is granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl