IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 Bail Appl..No. 395 of 2010 CRIME NO.24 OF 2010 OF KOIPRAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- SUDHA, MANNUMMADHATHIL HOUSE, PUTHEZHAM, KANJEETTUKARA MURI, AIROOR VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.R.GIREESH VARMA SRI.P.M.SATHEESH RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.24/2010 OF KOIPRAM POLICE STATION). PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 395 OF 2010 ------------------------------------------------------ Dated this the 4th day of February, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.24 of 2010 of Koipram Police Station. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 7.1.2010, the petitioner was found in possession of one litre of arrack. The petitioner ran away on seeing the police party. 4. The learned counsel for the petitioner submitted that Annexure A1 certificate dated 10.1.2010 shows that the petitioner had undergone a surgery on 18.7.2009 and that she was advised to take rest for three months. The petitioner is physically very weak on account of her ailment. It is hard to believe that the petitioner was B.A. NO. 395 OF 2010 :: 2 :: engaged in the sale of arrack and that she ran away when the police party approached her. 5. While disposing of this application for anticipatory bail, it is not necessary to decide on the merits of the contentions raised by the petitioner. However, taking into account the broad facts and circumstances of the case, the illness which the petitioner is suffering from and the attendant circumstances, I am of the view that anticipatory bail can be granted to the petitioner. 6. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release her on bail on her executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; B.A. NO. 395 OF 2010 :: 3 :: d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/