IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 22ND APRIL 2008 / 2ND VAISAKHA 1930 Bail Appl..No. 2238 of 2008() ----------------------------- CRIME NO.37/07 OF KOTTARAKKARA EXCISE RANGE PETITIONER : ACCUSED ------------------ THANKAMONI, W/O.VIJAYAN, MUKULUVILA VADAKKETHIL VEEDU, VENDAR P.O., NEDUVATHOOR VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY THE EXCISE RANGE INSPECTOR, KOTTARAKKARA EXCISE RANGE, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.KAMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/04/2008, THE COURT ON 22/04/2008 PASSED THE FOLLOWING: V.K.MOHANAN, J. ------------------------------------ B.A.No.2238 of 2008 ------------------------------------- Dated this the 22nd day of April, 2008 ORDER This application is for anticipatory bail, filed by the petitioner, a woman, who is the sole accused in Crime 37 of 2007 of Kottarakkara Excise Range, for the offence punishable under Section 55 (g) of the Kerala Abkari Act. The allegation is that on 1.3.07 at 11 a.m, the respondent and party on patrol duty in the range reached near Kattathala Junction. On getting information, the excise party conducted a search in the house of the petitioner and alleged to have recovered 140 litres of wash and thus registered the above crime against the petitioner. The learned counsel for the petitioner submitted that the above crime was registered due to political vengeance. Though the alleged incident was on 23.03.08 and the articles were seized, the petitioner was not arrested from the spot. 2. I have heard the learned Public Prosecutor, who opposed the bail application. 3. Having considered the entire facts and circumstances of the case, especially, considering the fact that the petitioner, being a lady, who is not arrested from the spot and that the main part of the B.A.No.2238 of 2008 2 investigation namely, search and seizure of the contraband article, is already over, I am of the view that this application can be allowed. 4. Accordingly the Excise Range Inspector, Kottarakkara Excise Range is directed to release the petitioner on bail in the event of her arrest within 3 months from today in connection with Crime No.37/07 of Kottarakkara Excise Range on her executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties each of them for the like amount to the satisfaction of the said officer and subject to the following conditions: 1. Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make herself available for interrogation as and when required by the Investigating Officer. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. B.A.No.2238 of 2008 3 4. Petitioner shall not commit any offence while on bail. 5. Petitioner shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. If the petitioner commits breach of any of the above conditions, the bail granted to her shall be liable to be cancelled. This application is allowed as above. (V.K.MOHANAN, JUDGE) rtr/-