IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 Bail Appl..No. 1096 of 2010 C.R.NO.6 OF 2010 OF KONNY EXCISE RANGE, PATHANAMTHITTA. PETITIONER/ACCUSED -------------------------------------- SYAMALA RAJAN, AGED 53 YEARS, W/O.RAJAN, CHEMMANIKARA PUTHEN VEEDU, ATHUMBUKULAM.P.O, KONNY, PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1096 OF 2010 ------------------------------------------------------ Dated this the 30th day of March, 2010 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 C.R.No.6 of 2010 of Konny Excise Range, Pathanamthitta District. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 3.2.2010, the petitioner was found carrying four litres of arrack. She was not arrested as no woman police constable was available. 4. It is submitted that the petitioner is aged 53 years. She lost her son in an accident. Her husband is no more. The petitioner is a widow. Her second son had gone to Gulf and he is in jail there. There is no other person to protect the petitioner and look after her affairs. B.A. NO. 1096 OF 2010 :: 2 :: 5. This Court had passed an order on 22.3.2010 directing the learned Public Prosecutor to get instructions on the submissions made by the learned counsel for the petitioner. The learned Public Prosecutor submitted that except the statement that the second son of the petitioner is in jail abroad, all the other submissions are correct. The learned counsel for the petitioner submitted that the petitioner undertakes not to commit any offence of similar nature if anticipatory bail is granted in this case. This submission is recorded. 6. Taking into account the facts and circumstances of the case and by the way of extreme indulgence and also taking note of the undertaking made by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. 7. 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 her on bail on her 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 appear before the investigating officer for interrogation as and when required; B.A. NO. 1096 OF 2010 :: 3 :: b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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 ahz/