IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 Bail Appl..No. 4322 of 2009() ----------------------------- C.R.NO.25/2009 OF KONNI EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- KAMALAMMA,AGED 60 YEARS, W/O.SASIDHARAN NAIR,PERUMBILETH VEEDU,VALLIKKODU VILLAGE,PATHANAMTHITTA DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S): STATE -------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4322 of 2009 --------------------------------------------- Dated this the 6th day of August, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No.25 of 2009 of Konni 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 on 25.3.2009, at 8.30 A.M., when the Excise Party was patrolling, they saw a lady carrying a can. On seeing the party, she abandoned the can and ran away. The Excise Party followed her. But, she was not arrested as there was no lady officer available. On enquiry, they came to know that it was the petitioner who ran away. No statement of any witness is recorded. Except what is contained in the mahazar and in the occurrence report, the case diary does not reveal the complicity of the petitioner No independent witness has stated about the complicity of the petitioner. 4. Taking into account the facts and circumstances of the BA No.4322/2009 2 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 on her executing bond for Rs.15,000/- 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; d) 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 csl