IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 Bail Appl..No. 7800 of 2008(F) ------------------------------------- CRMP.3761/2008 of SESSIONS COURT, PALAKKAD CR.NO.36/2008 OF PATTAMBI EXCISE RANGE .................... PETITIONER/ ACCUSED : ----------------------------- SHARADHA, W/O.LATE PADMANABHAN, PUTHIYANAMPARAMBATH VEEDU, PO.PARUTHUR,PALLIPURAM, PALAKKAD DISTRICT.NOW RESIDING AT THONDIYIL HOUSE, KODIKUNNU, PALLIPPURAM, OTTAPALAM TALUK. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENT/COMPLAINANT : ------------------------------------ STATE BY EXCISE INSPECTOR, PATTAMBI EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.7800 OF 2008 -------------------------------- Dated this the 11th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 8(2) of Abkari Act. According to prosecution, first accused was found selling arrack from the house of second accused and first accused was arrested from the spot. 4 litres of arrack were seized from his possession. 3. Learned counsel for petitioner submitted that petitioner is the second accused, who is a woman and after the death of her husband she has shifted to the Tharavad house for residence. As per the prosecution records, petitioner was not present at the scene when the crime was detected. Even if the entire allegations of the prosecution are accepted, the allegations made against petitioner will constitute only an offence under Section 64A of Abkari Act, for having allowed to another person to commit the offence under the Abkari Act in the house. But petitioner cannot be made liable for offence under Section 8(2) of Abkari Act, it is submitted. Section 64A B.A.No.7800 of 2008 2 is a bailable offence. But, if petitioner is arrested, she is likely to be remanded treating offence as under Section 8(2) of Abkari Act. Therefore, anticipatory bail may be granted, it is submitted. 4. Learned Public Prosecutor submitted that it was from the house of the second accused that the crime was detected and she is also liable for the offence. On hearing both sides, I am satisfied that petitioner has a strong defence to put forward and it can be established only during trial. Therefore, it is only just and proper that anticipatory bail is granted, failing which, it is likely that she will be arrested and remanded treating offence as under Section 8(2) of Abkari Act. 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 bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following B.A.No.7800 of 2008 3 conditions : i) Petitioner shall report before the investigating officer within four days from the date of release on bail and co-operate with the investigation. ii) Petitioner shall report before the Investigating Officer as and when directed. iii) Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac