IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 Bail Appl..No. 6933 of 2009() ------------------------------------------- CRIME NO.42/2009 OF EXCISE RANGE, PAPPINISSERY, KANNUR PETITIONER/ACCUSED : -------------------------------------- KODAKKARAN GOPALAN, AGED 65 YEARS, S/O.CHAVINIYAN, KACHERIKADAVU, PANAPPUZHA, KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2009 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6933 of 2009 ------------------------------------ Dated this the 16th day of December, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.42/2009 of Pappinissery Excise Range, Kannur. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 12/11/2009, the petitioner was found in possession of 3 litres of arrack. On seeking the Excise Party, the petitioner ran away and he could not be arrested. 4. The learned counsel for the petitioner submitted that the petitioner is suffering from 'Liver Cirrhosis'. The Medical reports are produced as annexures in the Bail Application. It is stated that the physical condition of the petitioner is such that if he is detained in judicial custody, it would cause serious harm to his health and it may even affect his life. B.A. No. 6933/2009 2 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. The learned Public Prosecutor submitted that no instruction is received stating that the medical reports are incorrect and that there is no instruction to the effect that the petitioner is not suffering from 'Liver Cirrhosis'. 7. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the B.A. No. 6933/2009 3 evidence; D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm