IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 Bail Appl..No. 3954 of 2008() ----------------------------- CRIMENO.81/2008 OF VETTILAPPARA POLICE STATION PETITIONER/ACCUSED:- ------------------------------------- ANITHA, D/O VELU, PEEDHAKKERI, KUNNUKUZHI DESOM, PARIYARAM VILLAGE, MUKUNDAPURAM BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT: COMPLAINANT ------------- 1. STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE S.I. OF POLICE, VETTILA PPARA POLICE STATION, 2. THE CIRCLE INSPECTOR OF POLICE, CHALAKUDY. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3954 of 2008 ------------------------------------------- Dated this the 20th day of June, 2008 ORDER This petition is for anticipatory bail. 2. According to the prosecution, the petitioner was found in possession of 4 litres of illicit arrack at the bank of a river on 3.4.2008. She could not be arrested from the spot. But, a case was registered against her under Section 55(a) of Abkari Act. 3. Learned counsel for the petitioner submitted that a false case has been foisted against the petitioner due to the enmity of Sub Inspector towards the petitioner. According to him, the Sub Inspector went to petitioner's house on 5.3.2008 at about 10 p.m. and wanted to conduct a search in the house. This was resisted by her since there was no women police. She is a widow having 5 year old child and she said that the search cannot be effected without a womEn police. The Sub Inspector therefore,threatened to take revenge against her. The petitioner, filed a complaint before the Circle Inspector of Police relating to this incident and enquriy is being conducted into this. The copy of which is produced as Annexure A. This was filed on 5.4.2008. BA No.3954/08 2 4. Thereafter, she was facing threat of arrest by implicating her in a non bailable offence. Hence, she moved this court by filing an anticipatory bail application No.2834/08. The petition was considered on 13.5.2008 and the learned public prosecutor on instructions submitted that at that time no crime was registered against the petitioner and she was not wanted in connection with the allegations made in the petition. Therefore, recording the submissions, the petition was closed. The order was passed on 13.5.2008 but the present crime is registered on the allegation that on a date much prior to every filing of the earlier anticipatory bail application, i.e., on 3.4.2008, the petitioner was found in possession of illicit liquor. 4. This petition is opposed. Learned public prosecutor submitted that the recovery is already effected. But, it is submitted as per the records, the petitioner is involved in an offence under the Abkari Act. But taking into consideration the facts discussed above, I find that anticipatory bail can be granted to the petitioner. Hence, the following order is passed: BA No.3954/08 3 (i). The petitioner shall surrender before the Magistrate Court concerned within seven days from today and she shall be released on bail on her executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate, provided a bail application is filed. The petition is allowed. K.HEMA, JUDGE csl