ROHINI, W/O NARAYANAN versus THE EXCISE INSPECTOR, AGALI EXCISE

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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ROHINI, W/O NARAYANAN v. THE EXCISE INSPECTOR, AGALI EXCISE - Bail Appl No. 4741 of 2007 [2007] RD-KL 15036 (6 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4741 of 2007()

1. ROHINI, W/O NARAYANAN,
... Petitioner

Vs

1. THE EXCISE INSPECTOR, AGALI EXCISE
... Respondent

For Petitioner :SRI.B.H.MANSOOR

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :06/08/2007

O R D E R

R. BASANT, J.

B.A. NO. 4741 of 2007

Dated this the 6th day of August, 2007

ORDER

Application for regular bail. The petitioner - a woman, faces allegations under the Kerala Abkari Act. She was allegedly found to be in possession of 190 packets x 150 ml. of arrack. The offence was detected on 24/6/07. The petitioner could not be arrested as there was no woman official in the party which detected the crime. She came to this Court with an application for anticipatory bail. The same was dismissed with observations as per Annexure-I order. Later, she surrendered before the learned Magistrate on 19/7/07. She continues in custody from that date. The learned Public Prosecutor reports that the petitioner is an accused in another earlier offence under the Abkari Act.

2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not seriously oppose the said prayer on condition that the Investigator is granted reasonable further time to complete the investigation and I am satisfied  B.A. NO. 4741 of 2007 -: 2 :- that the petitioner can now be directed to 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 10/8/2007. The Investigator shall, in the meantime, make every endeavour to complete the investigation. (ii) The petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (iii) The petitioner shall make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so.

(R. BASANT, JUDGE)

Nan/ 

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