IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 Bail Appl..No. 6336 of 2009 CRIME NO.130 OF 2009 OF BEDAKAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- MADHAVI, AGED 55 YEARS, D/O. CHANE, BADIKKAI KANDOM, MEDAKKAM VILLAGE KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENTS: COMPLAINANT & STATE ---------------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER (CR.NO.130 OF 2009 OF BEDAKAM POLICE STATION) KASARAGOD DISTRICT PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6336 OF 2009 ------------------------------------------------------ Dated this the 2nd day of December, 2009 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.130 of 2009 of Bedakam Police Station. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 17.10.2009, the petitioner was found in possession of seven litres of arrack. 4. It is submitted by the learned counsel for the petitioner, with reference to Annexure A series of medical records, that the petitioner who is aged 55 years, is suffering from heart disease, asthmatic problems and lumbago. Learned Public Prosecutor was directed to verify whether the averments are correct. The learned Public Prosecutor, on instructions, submitted that the submission made by the counsel for the petitioner is true. B.A. NO. 6336 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case and the fact that the petitioner is seriously ill, I am of the view that anticipatory bail can be granted to the petitioner, by way of extreme indulgence. 5. 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 the petitioner on bail on her executing bond for Rs.10,000/- 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; 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/