IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 Bail Appl..No. 732 of 2008() ---------------------------- O.R.NO.2/08 OF UDUMBANCHOLA EXCISE RANGE. PETITIONER/ACCUSED: ------------------------------------ SOWDHAMINI, AGED 56 YEARS, W/O. PRABHAKARA PANICKER, KALAYIL HOUSE, COMBAYAR KARA,PARATHODE VILLAGE,UDUMBANCHOLA TALUK IDUKKI DISTRICT. BY ADV. SRI.S.DILEEP (KALLAR) SRI.B.RAJESH SRI.NAVEEN THOMAS RESPONDENTS: COMPLAINANT & STATE: --------------------------------- STATE OF KERALA, REP. BY THE EXCISE INSPECTOR, UDUMBANCHOLA EXCISE RANGE THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 732 OF 2008 ------------------------------------------------- Dated this the 15th day of February, 2008 ORDER Application for anticipatory bail. The petitioner – a woman, is a retired Head Nurse from the Government Service. She was allegedly found to be in possession of 9.500 litres of arrack on 16/1/08. She was available for apprehension. Seizure was effected; but arrest could not be effected as the detecting party did not consist of any woman official. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that there was only a technical failure to record arrest. All necessary formalities had been completed even admittedly. The petitioner is sick. Her husband has expired subsequent to the registration of the crime on 16/1/08. In the peculiar facts B.A. No. 732 OF 2008 -: 2 :- and circumstances of this case, the petitioner may be grant d anticipatory bail. She shall abide by all reasonable and appropriate conditions to be imposed by this Court, submits counsel. 3. The learned Public Prosecutor, after taking instructions, confirms that the petitioner's husband has expired after 16/1/08 – the date of the detection of the crime. The learned Public Prosecutor does not, in these circumstances, oppose the application. I am satisfied that a lenient view can be taken in the facts and circumstances of this case and directions under Sec.438 of the Cr.P.C. can be issued in favour of the petitioner. Appropriate conditions can, of course, be imposed to secure the interests of a proper investigation. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioner shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 22/2/08. She shall be released on regular 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. (ii) The petitioner shall make herself available for interrogation before the Investigating Officer between 10 a.m. B.A. No. 732 OF 2008 -: 3 :- and 3 p.m. on 23/2/08 and 24/2/08. During this period the Investigator shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation. Thereafter the petitioner shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of one month. Subsequently, he shall so make himself 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 him in accordance with law as if these directions were not issued at all; (iv) If the petitioner were arrested prior to her surrender on 22/2/08 as directed in clause (i) above, she shall be released on her executing a bond for Rs.25,000/- without any sureties undertaking to appear before the learned Magistrate on 22/2/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge B.A. No. 732 OF 2008 -: 4 :-