IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 Bail Appl..No. 2324 of 2009() ----------------------------- CRIME NO.8/2009 OF KUZHALMANNOM EXCISE RANGE PETITIONER (S): ACCUSED -------------------- CHANDRIKA,W/O.LATE K.V.MANI,AGED 50, KULANGARAPARAMBU VEEDU,BEMMANIYUR AMSOM, PARUTIPULLY P.O,PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM,REPRESENTING THE EXCISE INSPECTOR,KUZHALMANNOM EXCISE RANGE. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.2324 of 2009 ------------------------------- Dated this the 3rd day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.8 of 2009 of Kuzhalmannom Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1), 8(2) and 55(g) of the Abkari Act. 3. The prosecution case is that on 4.4.2009, the petitioner was found in possession of 25 litres of wash, 1 litre of arrack and other implements for manufacturing arrack in her house. On the date of the incident, she could not be arrested as no woman police constable was available with the Excise Squad. 4. The petitioner states that she is a cancer patient. The medical certificate dated 16.5.2009 issued by the Government Medical College, Thrissur, is produced to show that she is suffering from cancer of cervix and that she is undergoing treatment for the same. The only ground of which the petitioner seeks for anticipatory bail is her illness. 5. The learned Government Pleader submitted that in the peculiar facts and circumstances of the case, if anticipatory bail is to be BA No.2324/2009 2 granted, stringent conditions may be imposed. 6. Taking into account the facts and circumstances of the case, 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 on her executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE csl