IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES WEDNESDAY, THE 4TH OCTOBER 2006 / 12TH ASWINA 1928 Bail Appl..No. 5901 of 2006 ----------------------------- CRIME NO.156/2006 OF CHENGANNUR EXCISE RANGE PETITIONERS/ACCUSED ------------------------------------ SMT.BINDU, AGED 35 YEARS, VILLUNNIYIL VEEDU, PULIYOOR MURI, PULIYOOR VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.S.HARIKRISHNAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR OF POLICE, CHENGANNUR RANGE. BY PUBLIC PROSECUTOR JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/10/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. -------------- B.A. 5901/2006 ------------------ DATED THIS THE 4TH DAY OF OCTOBER, 2006 O R D E R The petitioner is before this Court, under Section 438 Cr.P.C., as she apprehends arrest in C.R.No.156/2006 of Chengannur Excise Range, for the allegation that she was found in illegal possession of 1.5 liters of illicit arrack on 9.9.2006, and she could not be arrested for want of women Excise persons in the squad of the Inspector of Excise Range, at the time of the seizure of the contraband. 2. The learned counsel Mr.S.Harikrishnan had submitted that the petitioner is an innocent woman. She is having two school going children and there is no other case registered against her, although there is a case against her husband, for violation of the Abkari Act. 3. The learned counsel relied on Annexure-A3 and submitted that the petitioner is a physically challenged woman and she is not able to walk, as the learned counsel had seen her from a distance. Unfortunately I am not able to find any such physical disability from Annexure-A3, B.A.5901/2006 2 except that the doctor, on examination, had found her having pain over the right knee and right foot. 4. I heard the arguments advanced by the learned Public Prosecutor, basing on the instructions given to him. After considering the materials on record, I direct the petitioner to surrender before the Investigating Officer of Chengannur Excise Range, on 9.10.2006 between 9.30 a.m and 10.00 a.m. 5. I make it clear that the Investigating Officer shall interrogate the petitioner in the presence of women police/excise persons, as per the law, and thereafter, produce her before the competent Magistrate Court, on the same day at 4.30 p.m. 6. The learned Magistrate, on production of the accused before that Court, shall hear both sides and pass appropriate orders on the bail application, that may be filed by the petitioner, on the same day itself. The application is disposed of as above. J.M.JAMES JUDGE mrcs