Kerala High Court

Bail Appl./8557/2010 of THANKAMONY Vs STATE OF KERALA on 31 December 2010

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 31ST DECEMBER 2010 / 10TH POUSHA 1932 Bail Appl..No. 8557 of 2010() ----------------------------- CMP.2486/2010 of J.M.F.C.-II,TRIVANDRUM (CRIME NO.546 OF 2010 OF THUMBA POLICE SATATION)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI

FRIDAY, THE 31ST DECEMBER 2010 / 10TH POUSHA 1932

Bail Appl..No. 8557 of 2010()

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CMP.2486/2010 of J.M.F.C.-II,TRIVANDRUM

(CRIME NO.546 OF 2010 OF THUMBA POLICE SATATION)

PETITIONER/ACCUSED

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THANKMONY,D/O.AMMU,SANDHYA NIVAS,

TC 81/1194/4,KORALAM KUZHY,POUNDKADAVU WARD, ATTIPRA VILLAGE,THIRUVANANTHAPURAM.

BY ADV. SRI.M.R.ARUN KUMAR

RESPONDENT(S): COMPLAINANT

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STATE OF KERALA, REP.BY PUBLIC

PROSECUTOR,HIGH COURT OF KERALA,

ERNAKULAM.

BY P.P. SRI. P.A. SALIM

THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ON 31/12/2010, THE COURT ON THE SAME DAY PASSED THE

P.Q. BARKATH ALI, J.

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B.A. No. 8557 of 2010

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Dated this the 31[st] day of December, 2010

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O R D E R

This is a bail application filed by the accused in Crime No.546 of 2010 of Thumba Police Station under section 439of the Cr.P.C.

2. The allegation against the petitioner is that on November 8, 1010 he was found in possession of 2.5 litresof Indian Made Foreign Liquor in four bottles with a glassand cash and found engaged in selling of the same and thatthereby committed offences punishable under section 55(a)(i) of the Abkari Act.

3. The petitioner was arrested on 8-11-2010 and sheis in remand thereafter. The learned Magistrate as well asthe learned Sessions Judge rejected her bail applications.Previous bail application filed by her before this Court wasalso rejected.

BA 8557/2010

4. It is alleged in the petition that the petitioner isinnocent of the allegations levelled against her and that ifshe is released on bail, she is prepared to abide by anyconditions that may be imposed by this Court.

5. Heard learned counsel for the petitioner and the learned Public Prosecutor. This petition is opposed by thelearned Public Prosecutor on the ground there is anothersimilar case against her.

6. Petitioner is a lady aged 50 and has two daughters.

She is in remand from November 8, 1010 onwards. Furtherthe quantity involved in this case is only 2.5 litres of IndianMade Foreign Liquor. Permissible quantity of Indian MadeForeign Liquor that can be possessed by a person is 3.5litres for personal use as prescribed under notificationissued by the Government under sections 10 and 13 of theAbkari Act. Further the investigation in this case is alreadyover. The learned counsel for the petitioner submits that ifthe petitioner is released on bail she will not repeat similaroffence. For the reasons stated above and in the facts and BA 8557/2010

circumstances of the case, I feel that the petitioner can bereleased on bail on conditions.

7. In the result, the petition is allowed. The petitioner shall be released on bail on her executing a bond forRs.25,000/- with two solvent sureties for like sum each tothe satisfaction of the trial court on the followingconditions:-

1) The petitioner shall report before theInvestigating Officer on all Mondaysand Saturdays between 10 a.m and 11a.m.Investigating Officer on all Mondaysand Saturdays between 10 a.m and 11a.m.

2) The petitioner shall not commit similaroffence while on bail.offence while on bail.

3) Petitioner shall co-operate with theinvestigation and shall not intimidatethe witnesses.investigation and shall not intimidatethe witnesses.

4) If the petitioner violates any of theconditions mentioned above, lowercourt can cancel her bail. conditions mentioned above, lowercourt can cancel her bail.

P.Q. BARKATH ALI, JUDGE.

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