IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 8708 of 2011() ---------------------------------- (C.R. NO.103/2011 OF NOORANAD EXCISE RANGE, ALAPPUZHA DISTRICT) ........ PETITIONER/ACCUSED ---------------------------- RADHAMANY, W/O. PRASAD, MULAMOOTTIL VEEDU, ERUMAKUZHI MURI, PALAMEL. BY ADVS. SRI.SUNI M.D. SMT.ANITHA M.N. (EKM) RESPONDENT(S): COMPLAINANT --------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J. ---------------------------- B.A.No.8708 OF 2011 ---------------------------- Dated this the 22nd day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the accused in C.R.No. 103/2011 of Nooranad Excise Range for offence punishable under Section 8 (1) (2) of Kerala Abkari Act. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that she is innocent of the allegations. 2. Having heard either side and taking note that the quantity involved is only 1 ½ litres of Indian made foreign liquor and on gender consideration, this petition is allowed. 3. The petitioner shall report before the Investigating Officer within a week. The Investigating Officer, after interrogation, shall release the petitioners on bail on executing a bond for Rs.20,000/- with two solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to B.A.No.8708/2011 2 the following conditions. 1) Petitioner shall report before the Investigating Officer at 10 a.m on every Monday. 2) Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. 3) Petitioners shall not leave Alappuzha District without the previous permission of the Court. 4) Petitioner shall not commit any offence while on bail. 5) This order shall be in force for a period of one month, within which period the petitioner shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioner and produce her before the Magistrate concerned. (P.S.GOPINATHAN, JUDGE) ps/23/11