IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Bail Appl..No. 6174 of 2008() ----------------------------- (CRIME NO.41/2008 OF KUTTANAD EXCISE RANGE) PETITIONER/ACCUSED -------------------------------------- RAJAMMA, W/O.GOPALAKRISHNAN, AGED 55 YEARS, RAJANI BHAVAN, KAVALAM, KUTTANAD TALUK. BY ADV. SRI.S.SANAL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. -------------------------------------------------------- Bail Appl.No.6174 of 2008 -------------------------------------------------------- Dated this the 15th day of October, 2008. ORDER Petition for anticipatory bail. 2. The alleged offence is under Section 8(2) of the Abkari Act. According to prosecution, on 23.8.2008, a search was conducted into the house of the petitioner and 2 litres of coloured arrack were seized from the house. 3. Learned counsel for the petitioner submitted that the allegations made against the petitioner are absolutely false. The excise officials had come to the residence of the petitioner where she is residing with her husband and other members of the family. Her husband had bought 3 litres of Indian made foreign liquor and kept it in his house and the bill is Annexure A1. The innocence of the petitioner was explained to the officials and bill was also shown but they had taken away the article from the house. 4. Later, petitioner's husband came to know from the locla T.V. Channel that the petitioner has been implicated in the offence and he made enquiries in the Magistrate court and it was confirmed that petitioner is an accused in a case under the Abkari Act. Therefore, he sent a detailed representation before the Chief Minister explaining the circumstances under which the [B.A.No.6174/08 2 petitioner was made an accused and requesting for an enquiry. A copy of the representation is Annexure-A2 and the postal receipt is Annexure-A3. 4. On hearing both sides, I find that petitioner has an arguable case and the petitioner is a lady. Admittedly, she is not involved in any other crime under the Abkari Act. Hence, it is only just and proper that anticipatory bail is granted to the petitioner. Hence, the following order is passed: Petitioner shall surrender before the Magistrate Court within 7 days from today and if any bail application is filed 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 learned Magistrate. Petition is allowed. K. HEMA, JUDGE. Krs.