IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 Bail Appl..No. 7280 of 2009() ----------------------------- CRIME NO.231/2009 OF MANNAR POLICE STATION, ALAPPUZHA PETITIONER/ACCUSED: -------------------------------------- KAMALAMMA,AGED 60 YEARS, W/O.SOMAN, KUTTIYIL VEEDU, KUTTAMPEROOR MURI, MANNAR VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT BY ADV. SRI.AJITH MURALI RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF EKRALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.7280 of 2009 ------------------------------------ Dated this the 23rd 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 Crime No. 231/2009 of Mannar Police Station, Alappuzha. 2. The offence alleged against the petitioner is under Section 8(1)(2) of the Abkari Act. 3. The prosecution case is that on 20/5/2009, the petitioner was found engaged in the sale of arrack. A quantity of 750 ml of arrack was found in possession of the petitioner. 4. It was submitted that the petitioner's husband is suffering from 'Tuberculosis' and that there is nobody to look after him. 5. Taking into account the facts and circumstances of the case, the following order was passed on 24/2/2010; “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail B.A. No.7280/2009 2 Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 3rd and 4th March, 2010. The petitioner shall produce a copy of the order before the investigating officer. Post on 10th March, 2010. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No. 231 of 2009 of Mannar Police Station, Alappuzha District.” 6. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the petitioner has complied with the direction contained in the order dated 24/2/2010. 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 B.A. No.7280/2009 3 her on bail on her executing bond for Rs.10,000/- 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 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