IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 Bail Appl..No. 7189 of 2009() ----------------------------- CRIME NO.30/2008 OF NILESHWARAM EXCISE RANGE PETITIONER (S):ACCUSED ------------------------------------- SMT. KAMALAKSHY, AGED 73 YEARS, W/O. LATE APPUNJI, POOVATHUMKUDIL HOUSE, PALAYIL, PUTHENRIYADUKKAM P.O., KASARGODE DIST. BY ADV. SRI.JAWAHAR JOSE RESPONDENT(S): STATE ---------------------------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7189 of 2009 --------------------------------------------- Dated this the 10th day of December, 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.30 of 2008 of Nileshwaram Excise Range, Kasaragod District. 2. The offence alleged against the petitioner is under Section 55(a) of the Abkari Act. 3. The prosecution case is that on 8.7.2008, the petitioner was found in possession of 2.5 litres of arrack. It is alleged that she was not arrested as no woman police constable was available. The petitioner apprehends arrest and therefore, she has moved this application for anticipatory bail. 4. It is submitted by the learned counsel for the petitioner that the petitioner is an old woman aged 73 years. Annexure A copy of the medical certificate, the original of which is produced today and taken on record, shows that the petitioner is suffering from Labyrinthine vertigo, arthritis knee, BA No.7189/2009 2 hypertension and general weakness. The doctor has certified that the petitioner is under her treatment. 5. The learned Public Prosecutor submitted that the age of the petitioner is only 66 years. 6. Taking into account the facts and circumstances of the case, the age, gender and physical condition of the petitioner and the fact that she is not involved in any other offence, I am inclined to grant anticipatory bail to the petitioner by way of extreme indulgence. 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.10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday for a period of one month; 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; BA No.7189/2009 3 e) 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