IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Bail Appl..No. 146 of 2008() ---------------------------- CRIME NO.240/07 OF KARUNAGAPPALLY EXCISE RANGE : PETITIONER/ACCUSED ----------------------------------- AMBIKA @ AMBILI, D/O. AMBUJAKSHI, AGED 40, PALAVILAYIL VEEDU,MALIBHAGAM MURI, THEKKUMBHAGAM VILLAGE, KARUNAGAPPALLY. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY THE INSPECTOR OF EXCISE RANGE, KARUNAGAPPALLY, THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.146 of 2008 ---------------------------------------- Dated this the 14th day of January 2008 O R D E R Application for anticipatory bail. The petitioner, a woman, faces allegations under the Kerala Abkari Act. On 24/12/2007, the petitioner was found to be in possession of 1.5 litres of I.M.F.L for illicit sale. She was intercepted. The petitioner has no history of any criminal antecedents. She was available for interrogation on that day; but the petitioner could not be formally arrested as the excise 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 the petitioner is innocent. The quantity of article and the nature of the article may be taken into consideration and the petitioner may be granted anticipatory bail. She was available for arrest and interrogation. She was not arrested because the excise party did not consist of any woman official. In these circumstances, she may not be compelled to endure the trauma of a further arrest and incarceration, submits the learned counsel for the petitioner. B.A.No.146/08 2 3. The learned Public Prosecutor fairly does not oppose the application. In the peculiar facts and circumstances of this case, I am satisfied that the petitioner can be granted anticipatory bail subject of course to appropriate terms and conditions. 4. 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 21/01/2008. She shall be released on regular bail on condition that she executes a bond for Rs.25,000/-(Rupees twenty five 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 between 10 a.m and 12 noon on 22/01/2008 and 23/01/2008 and thereafter as and when directed by the investigating officer in writing to do so. B.A.No.146/08 3 (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. (iv) If she were arrested prior to 21/01/2008, she shall be released from custody on her executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 21/01/2008. (R.BASANT, JUDGE) jsr B.A.No.146/08 4 B.A.No.146/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007