IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 Bail Appl..No. 7910 of 2007() ----------------------------- OR.19/07 OF EXCISE RANGE, THIRUVANANTHAPURAM PETITIONER --------------------------- USHAKUMARI, AGED 47 YEARS, T.C.14/572, NANDAVANAM, PALAYAM WARD, THYCAUD VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.P.V.ANIL RESPONDENTS: ------------- STATE OF KERALA, REPRESENTING EXCISE INSPECTOR, EXCISE RANGE, THIRUVANANTHAPURAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 7910 OF 2007 ```````````````````````````````````````````````````` Dated this the 3rd day of January, 2008 O R D E R Application for anticipatory bail. Petitioner, a woman, faces indictment in a prosecution under the Kerala Abkari Act. She was allegedly found to be in possession of 700 ml of IMFL. She was not arrested as the detecting party did not consist of any woman police official. Investigation is complete. Final report has also been filed. Committal proceedings has been registered. The petitioner apprehends imminent arrest in execution of coercive process issued by the learned Magistrate. The petitioner has no history of any criminal antecedents, submits the learned Public Prosecutor. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that this is a fit case where following the dictum in Bharat Chaudhary and another Vs. State of Bihar [AIR 2003 SC 4662] directions under Section 438 Cr.P.C. BA.7910/07 : 2 : can be issued in favour of the petitioner. 3. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 10.1.2008. She shall be released on regular bail on condition that she executes a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make herself available for interrogation before the investigating officer as and when directed by the investigating officer in writing to do so. iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with her in accordance with law, as if these directions were not issued at all. BA.7910/07 : 3 : iv) If she were arrested prior to 10.1.2008, she shall be released from custody on her executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 10.1.2008. (R.BASANT, JUDGE) aks