IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 Bail Appl..No. 5329 of 2008() ----------------------------- (CRIME NO. 400/2008 OF EZHUKONE POLICE STATION) PETITIONER/ 2ND ACCUSED ---------------------------- RENUKA, AGED 46, D/O. GOPINATHAN, MANISH BHAVAN, NEDUMONKAVU CHERRY, KAREEPRA VILLAGE, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, EZHUKONE, POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No.5329 of 2008 ----------------------------------------------- Dated this the 28th day of August, 2008. ORDER Petition for anticipatory bail. 2. According to prosecution, on 1.8.2008, the Sub Inspector of Police got information that Indian made foreign liquor was kept in “Bijubhavanam,” in which, one Renuka was residing and from the shed situated behind the house, liquor was being sold. The police party reached the place at 2 p.m. on the same day and saw a person selling Indian made foreign liquor from the shed situated at the back side of Bijubhavanam, Ward No.IX/219 in Nedumankavu where Renuka and others are residing. On seeing the police, he threw away the bottle and glass and he was apprehended and questioned. He told Police that liquor was purchased from Beverages Corporation and it was being sold from the shed and that the house which is situated close to the shed belongs to mother-in-law of his brother Krishnakumar. On seeing the police party, Renuka, who is the owner of the house ran away from the house. A crime was registered against the petitioner and another under Section 55(a) and (i) of the Abkari Act. 3.75 litres of Indian made foreign liquor was seized from the spot. Petitioner could not be arrested from the scene. [B.A.No.5329/08] 2 3. Learned counsel for the petitioner submitted that the petitioner is absolutely innocent of the allegations made and she has nothing to do with the sale of liquor or the house or the shed from where the incident occurred. Petitioner is not residing in the house as referred to in the mahazar as house no. IX/219 of Nedumankavu. The identity card is produced wherein petitioner's address is shown as “348, Manesh Bhavan, No.10, Nedumankavu”. It is also pointed out that though the police party consisted of the Sub Inspector, Head constable and police constable, they could not arrest the petitioner from her house, though she is a woman. Learned counsel for the petitioner submitted that this fact itself would indicate that petitioner was not even present in the house or the spot and that is the reason why she could not be arrested from the spot. It is difficult to believe that she ran away and escaped. She is residing elsewhere as seen from the identity card and ration card itself. 4. This petition is opposed. Learned Public Prosecutor submitted the petitioner's name and details find a place in the mahazar itself. Petitioner could not be arrested because she ran away. 5. On hearing both sides and on going through the documents produced and the case diary, and particularly the difference in the address, I find that it is only just and proper to grand anticipatory bail [B.A.No.5329/08] 3 to the petitioner. Hence, the following order is passed: i) Petitioner shall surrender before the investigating officer within 7 days from today and in the event of her arrest, she shall be released on bail on her executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following terms and conditions: i) Petitioner shall co-operate with the investigation. ii) Petitioner shall report before the investigating officer as and when directed and subject herself for interrogation. iii) Petitioner shall not commit any offence while on bail. Petition is allowed. K. HEMA, JUDGE. Krs.