IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 Bail Appl..No. 7454 of 2008() ------------------------------------------ (CRIME NO.300/2008 OF THE VANDANMEDU POLICE STATION) PETITIONER/ACCUSED NO.3: ------------------------------------------- RAJAMMA, W/O.M.K.RAJENDRAN, VATTUKULATHIL VEEDU, ANAKKARA VILLAGE, IDUKKI DISTRICT. BY ADV. MR.BABU S. NAIR RESPONDENT(S): STATE: --------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VANDANMEDU POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR MR. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/02/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ----------------------------------------- B.A.No. 7454 of 2008 ----------------------------------------- Dated this the 16th February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 8(2) of the Abkari Act read with 120B of the Indian Penal Code. According to prosecution, accused 1 to 3 hatched a criminal conspiracy and procured Indian made foreign liquor from second accused, who is the Manager of the Kerala State Beverages Corporation and kept the same for sale in the hotel, which is leased in favour of third accused and which is run by first accused. On 3.10.2008, 9 litres of arrack and 231 litres of Indian made foreign liquor were seized from the hotel. 3. Learned counsel for petitioner submitted that petitioner is a woman. The rent deed in respect of the hotel is executed in favour of petitioner. She is a house wife residing 9 km away from the hotel. She is not connected with running of the hotel, but only because she is the lessee, she is implicated in the offence and hence, at the most the only offence which will be attracted is under Section 64A of the Abkari Act, which is a BA.7454/08 2 bailable offence. But if petitioner is arrested, it is likely that she will be remanded and hence, she may be granted anticipatory bail, it is submitted. 4. Learned Public Prosecutor submitted that petitioner may be directed to report before the investigating officer as and when directed and co-operate with the investigation. Subject to that, he has no objection in granting anticipatory bail in the peculiar facts and circumstances. 5. On hearing both sides, I find that in case anticipatory bail is refused, it is likely that petitioner will be arrested and remanded and it will result in miscarriage of justice. Hence, the following order is passed: Petitioner shall surrender before the Magistrate Court concerned within seven days from today and she shall be released on bail on her executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned, on the following conditions: i) Petitioner shall report before the investigating officer as and when directed and co-operate with the investigation. BA.7454/08 3 ii). Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.