IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 Bail Appl..No. 1948 of 2009() ----------------------------------- CR. NO.46/2009 OF KARUNAGAPPALLY EXCISE RANGE PETITIONER/4TH ACCUSED: -------------------------------------- SANTHA W/O. SURENDRAN, SUNIL BHAVAN, PRAYAR SOUTH MURI, CLAPPANA VILLAGE, KARUNAGAPPALLY. BY ADV. SRI. K.SIJU SRI.PRATHEESH.P SRI.A.MUHAMMED RAFFI RESPONDENT : --------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KARUNAGAPPALLY EXCISE RANGE THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.1948 of 2009 ------------------------------------ Dated this the 18th day of June, 2009 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 4th accused in Crime No.46/2009 of Karunagappally Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that 245 litres of arrack were seized and the first accused was arrested on the spot. Accused Nos. 2 and 3 could not be arrested, the 2nd accused being a lady and the 3rd accused having fled from the scene. The petitioner (4th accused) is also included in the array of accused, on the basis of the statements given by the other accused. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. 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 for a period of one month on her executing bond for Rs.50,000/- with two solvent sureties for the B.A. No.1948 /2009 2 like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M. on all Mondays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm