IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 Bail Appl..No. 3842 of 2008() ----------------------------- OR NO.17/2007 OF KOLAZHY EXCISE RANGE PETITIONER/ACCUSED NO.2 ---------------------------------------- SURENDRAN, AGED 40, S/O.VASU, PALLIAMAKKIL HOUSE, MADAKKATHARA VILLAGE, KUTTICHIRA P.O., THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENT: COMPLAINANT ------------------------ THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3842 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of June, 2008 O R D E R Application for anticipatory bail. 2. According to the prosecution, petitioner was found in possession of 8.580 litres of Indian Made Foreign Liquor for sale on 24-12-2007 at about 5.15 p.m. and on seeing the police, he ran away from the spot and hence he could not be arrested. 3. Learned counsel for the petitioner submitted that the petitioner is a cancer patient and he is in a sinking condition. He is being treated in the Medical College Hospital and he requires periodical check-up and treatment from the Medical College Hospital. He has produced various certificates and documents relating to the treatment which the petitioner has received. A certificate is also produced to show that he requires continuous treatment for at least two years and he was advised not to do any hard work during the period. He has been undergoing radiation also. 4. The alleged incident is on 24-12-2007. In Annexure-A discharge card issued to the petitioner it is seen that he was admitted in the hospital on 9-12-2007 and discharged on 13-12-2007 for cancer of the lung. On the BA 3842/08 -2- date of discharge, he was advised to have a review on 27-12-2007. It is in between the period of discharge and the review fixed on 27-12-2007 that the present case is allegedly committed and the petitioner is implicated in the offence. 5. This application is opposed. It was pointed out that earlier anticipatory bail application filed by the petitioner was dismissed by this Court. On going through the said order, I find that the petitioner's ailment, etc. are not considered therein. The recovery is already effected and nothing more is to be done through the petitioner. 6. Hence, taking into consideration the physical state of the petitioner and the facts discussed, I find that the following order can be passed:- 1. The petitioner is directed to surrender before the Investigating Officer within seven days from today and make himself available for interrogation. 2. The petitioner shall be produced before the learned Magistrate concerned, in the event of his arrest, in accordance with law. 3. On production of the petitioner before the learned Magistrate, if any application is moved, the BA 3842/08 -3- petitioner shall be released on bail on his exe uting a bond for Rs.25,000/- with solvent sur ties each for the like amount to the sat sfaction of the Magistrate on condition that he wil co-operate with the investigation. The application is allowed as above. K. HEMA, JUDGE. mn.