IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Bail Appl..No. 2957 of 2010() ----------------------------- CRIME NO.29/2007 OF NILESWAR EXCISE RANGE, KASARAGOD. (S): PETITIONER/ACCUSED -------------------------------------- C.PAARU, AGED 50 YEARS, W/O. MALINKAN, CHAYOOM COLONY, KINANOOR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SMT.P.K.PRIYA RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING EXCISE OFFICER, NILESWER EXCISE RANGE STATION. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2957 of 2010 ---------------------------------------------- Dated 25th May, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 55(a) of the Kerala Abkari Act. According to prosecution, Preventive Officer and party found petitioner carrying 5 litres of arrack in a 5 litre can. Petitioner could not be arrested, since there was no woman Police Constable in the police party. 3. Learned counsel for the petitioner submitted that petitioner is a coolie and her husband is paralysed since 2007. She is the only person, who looks after her husband and she was not involved in the crime as alleged. Petitioner was available in the house and she was not absconding. Petitioner was not arrested from the spot. The allegations made against petitioner are not correct, it is submitted. It is also submitted that petitioner was not even aware of registration of the crime against her. 4. Learned Public Prosecutor submitted that petitioner was not arrested since no woman Police Constable was present and thereafter, petitioner was not available in the house. It is also BA NO.2957/10 2 submitted that charge sheet has been filed. 5. On hearing both sides and considering the non- arrest of petitioner for a long time, it appears to me that respondent does not intend to arrest petitioner. But while submitting the charge, she was shown as absconding. In case petitioner is arrested, it is likely that she will be remanded. There is no case that petitioner is involved in any other offence. In the peculiar facts and circumstances of the case, I am inclined to grant anticipatory bail to petitioner. 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/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate, on the following conditions : (i) Petitioner shall report before the Investigating Officer on every Monday between 10 a.m. and 1 p.m. until further BA NO.2957/10 3 orders. (ii) In case petitioner is involved in any offence of similar nature, her bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE. tgs