JAGADAMMA versus STATE OF KERALA

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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JAGADAMMA v. STATE OF KERALA - Bail Appl No. 5678 of 2007 [2007] RD-KL 17523 (19 September 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 5678 of 2007()

1. JAGADAMMA,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

2. EXCISE INSPECTOR,

For Petitioner :SRI.VINOY VARGHESE KALLUMOOTTILL

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :19/09/2007

O R D E R

R.BASANT, J.

B.A.No.5678 of 2007

Dated this the 19th day of September 2007

O R D E R

Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. The petitioner was allegedly found to be in possession of 1.5 litres of arrack on 01/09/2007. She was arrested and continues in custody from that date.

2. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the petitioner has three other cases under the Kerala Abkari Act registered against her.

3. In the wake of the opposition by the learned Public Prosecutor, regular bail can be granted to the petitioner only if this court is in a position to entertain the twin satisfactions under Section 41A of the Kerala Abkari Act. I do not find any circumstances which can persuade this court to entertain either of those two satisfactions at the moment. I am satisfied that this petition deserves to be dismissed now.

4. In the result, this petition is dismissed. I may hasten to observe that the petitioner shall be at liberty to move this court for bail at later stage of the investigation, not at any rate, prior to 01/10/2007. The investigating officer shall, in the meantime, make every endeavour to complete the investigation.

(R.BASANT, JUDGE)

jsr // True Copy// PA to Judge  B.A.No. /07 2  B.A.No. /07 3 

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007 

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