IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 22ND APRIL 2008 / 2ND VAISAKHA 1930 Bail Appl..No. 2236 of 2008() ----------------------------- CRIME NO.16 OF 2008 OF KOTTARAKKARA EXCISE RANGE PETITIONER : ACCUSED: ------------------------- THANKAMONI, W/O.VIJAYAN, MUKULUVILA VADEKKETHIL VEEDU, VENDAR P.O., NEDUVATHOOR VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT BY ADV. SRI.B.MOHANLAL RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY THE EXCISE RANGE INSPECTOR, KOTTARAKKARA EXCISE RANGE, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.KAMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/04/2008, THE COURT ON 22/04/2008 PASSED THE FOLLOWING: V.K.MOHANAN, J. ------------------------------------ B.A.No.2236 of 2008 ------------------------------------- Dated this the 22 nd day of April, 2008 ORDER This application is filed under Section 438 Cr.P.C seeking an order of anticipatory bail in favour of the petitioner, a woman, who is the 2nd accused in Crime No.16 of 2008 of Kottarakkara Excise Range for the offence punishable under Section 8 (1) & (2) of the Kerala Abkari Act. The allegation in the above crime is that when the excise party reached near Kattathala, they got information about illegal selling of arrack and they proceeded through the Paramala Road. They saw the 1st accused holding arrack in a green colour bottle. Accordingly the 1st accused- Gopalakrishnan was taken into custody with 1 ½ litres of arrack. According to the prosecution, later, the 1st accused made a confession which disclosed that it is the petitioner who supplied the contraband article. Based upon the confession statement of the 1st accused, the petitioner, who is the 2nd accused, was implicated in the above crime. The learned counsel for the petitioner submitted that it is a false case foisted against her and pressed for an order in favour of the petitioner. B.A.No.2236 of 2008 2 2. I have heard the learned Public Prosecutor, who opposed the bail application. 3. Having considered the facts and circumstances involved in the case, especially the reason that the quantity is only 1 ½ litres and the same was recovered from the 1st accused and not from the petitioner, who was not even present at the spot, I am inclined to allow this petition. 4. Accordingly the Excise Range Inspector, Kottarakkara Excise Range is directed to release the petitioner on bail in the event of her arrest within 3 months from today in connection with Crime No.16/08 of Kottarakkara Excise Range on her executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties each of them for the like amount to the satisfaction to the said officer and subject to the following conditions: 1. Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make herself available for interrogation as and when required by the Investigating Officer. B.A.No.2236 of 2008 3 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. Petitioner shall not commit any offence while on bail. 5. Petitioner shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. If the petitioner commits breach of any of the above conditions, the bail granted to her shall be liable to be cancelled. This application is allowed as above. (V.K.MOHANAN, JUDGE) rtr/-