IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Bail Appl..No.2846 of 2008 ( ) ----------------------------------- (CRIME NO.24/06 OF KUNNAMANGALAM EXCISE RANGE) PETITIONER/ACCUSED --------------------------- LEELA, AGED 42 YEARS, W/O. SUNDARAN, KRISHNATHU HOUSE, KUMARANALLUR AMSOM AND KARAMULA DESOM OF KOZHIKODE TALUK. BY ADV. SRI.JACOB ABRAHAM RESPONDENT: ---------------- EXCISE INSPECTOR, KUNNAMANGALAM EXCISE RANGE,KOZHIKODE DISTRICT. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ B. A. No.2846 of 2008 ------------------------------------------------ Dated this the 6th day of May, 2008 ORDER This is an application for anticipatory bail filed under Section 438 of the Cr.P.C. The petitioner is accused in Crime No.24/06 of Kunnamangalam Excise Range for offence under Sections 8 (1) and (2) of the Abkari Act consequent on seizure of three litres of arrack from her at 12.30 p.m. on 25/07/06. Heard the submissions of counsel for the petitioner and the Public Prosecutor. Despite registration of the crime as early as in 2006, the investigating agency could not make any considerable progress in the investigation in the case as they were unable to apprehend the petitioner. In the circumstances, it is only proper that the petitioner is granted anticipatory bail imposing stringent conditions. In the result, allowing this application, I direct that the petitioner shall surrender before the Magistrate concerned positively on or before 13/5/2008 and shall deposit by way of cash security an B. A. No.2846 of 2008 -2- amount of Rs.3,000/- and shall thereafter execute bail bond for Rs.15,000/- with two solvent sureties each for the like sums to the satisfaction of the Magistrate. On the above conditions being satisfied the petitioner can be enlarged on bail. On such release, the petitioner shall appear before the Investigating Officer between 10 a.m. and 12 noon on all days for a period of two weeks and thereafter on every alternate days for a period of one month and thereafter on all Tuesdays and Fridays only till the investigation in the case is over and final report is laid. The above directions shall not stand in the way of the Investigating Agency seeking for custodial interrogation of the petitioner, if need be, and the Magistrate granting it if deemed fit, necessary and legal. On release, the petitioner shall co-operate with the investigation in the case, shall not get herself involved in commission of any offence, shall not influence or intimidate the witnesses in the case and shall not, except for the purpose of appearing before the Investigating Officer, move beyond the territorial limits of the town in which she is having her permanent residence, the details of which B. A. No.2846 of 2008 -3- shall be furnished to the Court and to the Investigating Officer immediately on release on bail. K.P.BALACHANDRAN, JUDGE kns/-