IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 7922 of 2011(A) ------------------------------------------ [CRIME NO.270/2011 OF KANAKAKKUNNU POLICE STATION] ................ PETITIONER/ACCUSED: ---------------------------------- RETHNAMMA, W/O. BALAKRISHNAN, AGED 65YEARS, EEZHANTHARA PUTHUVAL, KIZHAKKEKKARA PUTHIYAVILA MURI, ARATTUPUZHA VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.ARUN CHANDRAN. RESPONDENT/COMPLAINANT/STATE: ------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. THE SUB-INSPECTOR OF POLICE, KANAKAKKUNNU POLICE STATION, ALAPPUZHA DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI. REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. P.S.GOPINATHAN, J ---------------------------- B.A. NO.7922 OF 2011 -------------------------- Dated this the 25th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.270/2011 of Kanakakkunnu Police Station for offence punishable under Section 55(i) of Kerala Abkari Act. Apprehending, arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that she is innocent of the allegations. 2. Having heard either side, I find that the quantity of the contraband involved is only 750 Ml of Indian Made Foreign Liquor. Having due regard to the quantity involved and that the petitioner is a lady, aged 65 years, this petition is disposed of with a direction to the petitioner is surrender before the Investigating Officer. The Investigating Officer, after interrogation shall release the petitioner on bail on executing a bond for Rs.20,000/- with two solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to the following B.A. NO.7922 OF 2011 2 conditions :- 1. Petitioner shall report before the Investigating Officer for interrogation as and when required. 2. Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer. 3. Petitioner shall not leave Alappuzha District without the previous permission of the Court. 4. Petitioner shall not commit any offence while on bail. 5. This order shall be in force for a period of one month, within which period the petitioner shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioner and produce her before the Magistrate concerned. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge