IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 Bail Appl..No. 6216 of 2011 CR.NO.24 OF 2009 OF HOSDURG EXCISE RANGE PETITIONER: ACCUSED: ------------------------------ C.INDIRA,W/O.P.KUMARAN, MUTHADUKAM, PERIYA VILAGE, HOSDURG TALUK, KASARAGOD DISTRICT BY ADV. SRI.T.B.SHAJIMON RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REP.BY INSPCTOR OF POLICE, HOSDURG EXCISE RANGE, REP.BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6216 OF 2011 ------------------------------------------------------ Dated this the 4th day of August, 2011 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 Cr. No.24 of 2009 of Hosdurg Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 30.4.2009, the petitioner was found transporting five litres of arrack. It is alleged that the petitioner was not arrested as no woman police constable was available. The petitioner apprehends arrest and therefore, she has filed this Bail Application. The petitioner states that her daughter Sreelakshmi is a victim of wide use of Endosulphan, a pesticide in the area and that she is suffering from brain tumour. She had undergone surgery. Annexure A1 series of medical records are produced to show that Sreelakshmi is suffering from “septum pellucidum glioma”. BAIL APPL. NO. 6216 OF 2011 :: 2 :: 4. Learned counsel for the petitioner submitted that the second child of the petitioner is also an Endosulphan victim and that girl is also not in a position to move about. 5. It is reported that there are several persons suffering from various types of diseases in certain areas in Kasaragod as a result of the indiscriminate use of the pesticide called “Endosulphan”. It is stated that the State Government had provided several reliefs for Endosulphan victims. If the petitioner is arrested and detained, it will amount to a disservice to the two daughters of the petitioner who are Endosulphan victims. Irrespective of the nature of the offence, I am of the view that it is not at all proper to detain the petitioner in jail before conviction. A sympathetic consideration is required in the present case. Therefore, I am inclined to allow the application for anticipatory bail. 6. 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 her on bail on her executing bond for Rupees Five thousand with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: BAIL APPL. NO. 6216 OF 2011 :: 3 :: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/