IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 Bail Appl..No. 15 of 2008() --------------------------- CP.70/2007 of J.M.F.C.,PERUMBAVOOR [C.R.NO.16/06 OF KALADY EXCISE RANGE] .................... : PETITIONER/ACCUSED NO.2 ---------------------------------------- VALSA, AGED 37 YEARS, W/O. VARGHESE, THIRUTHANATHIL HOUSE, CHULLY KARA, THANIKODU DESOM, ALUVA TALUK. BY ADV. SRI.K.SUNILKUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.15 of 2008 ---------------------------------------- Dated this the 9th day of January 2008 O R D E R Application for anticipatory bail. The petitioner is the second accused. Her husband is the first accused. Altogether there are two accused only. They face allegations under Sections 58 and 64A of the Kerala Abkari Act. 40 x 1000 ml of I.M.F.L was allegedly kept in the premises belonging to her. husband, the first accused. This, in short, is the allegation. Investigation is in progress. Final report has already been filed. Cognizance has been taken. Committal proceedings has been registered. 2. According to the learned counsel for the petitioner, the petitioner is absolutely innocent. Recovery was not effected from the premises belonging to the petitioner but from an adjacent shed. Even going by the prosecution case, the petitioner need face only the allegation under Section 64A of the Kerala Abkari Act. But inasmuch as the allegation under Section 58 of the Kerala Abkari Act has been raised against the first accused, the petitioner apprehends that she may also be arrested and detained in custody by the learned Magistrate. B.A.No.15/08 2 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor concedes that as against the petitioner there is only an allegation under Section 64A of the Kerala Abkari Act. The said offence is a bailable offence. I am satisfied, in these circumstances, that directions under Section 438 Cr.P.C can be issued in favour of the petitioner. 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 14/01/2008. 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 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 B.A.No.15/08 3 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 14/01/2008, 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 14/01/2008. (R.BASANT, JUDGE) jsr B.A.No.15/08 4 B.A.No.15/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007