IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 1ST JANUARY 2010 / 11TH POUSHA 1931 Bail Appl..No. 7256 of 2009() ----------------------------- CR.NO.195/2009 OF KARUNAGAPPALLY EXCISE RANGE, KOLLAM PETITIONER/ACCUSED -------------------------------------- SAROJINI K., KUTTIYIL PADINJATTATHIL, MUZHANGODI, THODIYOOR P.O., KALLELI BHAGAM VILLAGE KARUNAGAPPALLY. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE INSPECTOR EXCISE RANGE, KARUNAGAPPALLY, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. ------------------------------------------------------ B.A. 7256 of 2009 ------------------------------------------------------ Dated: JANUARY 1, 2010 ORDER This is an anticipatory bail application filed by the accused in Crime No.195 of 2009 of Karunagappally Excise Range under section 438 of Cr.P.C. 2. The allegation against the petitioner is that on November 13, 2009 at about 6 P.M. the petitioner was found in possession of 1.5 litres of Indian Made Foreign Liquor on the side of the Mararithottam - Manajadi Mukku road and that thereby committed an offence punishable under section 55(i) of the Abkari Act. 3. The material averments in the petition in brief are these:- The petitioner is innocent of the offence alleged against her. A bottle of liquor was thrown on the side of the road by another person. As the quantity of liquor is only 1.5 litres, offence under section 55(i) of the Abkari Act will not be attracted. The petitioner is a house wife having small children and aged parents. She is an agricultural labourer. The petitioner apprehends arrest and harassment at the hands of the Excise officials. Therefore, respondent may be directed to release the petitioner on bail, if arrested. 4. Notice given to the Public Prosecutor. He opposed the application. Heard learned counsel for the petitioner and the learned Public Prosecutor. BA 7256/09 2 5. The case of the prosecution is that the petitioner was found in possession of 1.5 litres of Indian Made Foreign Liquor. The permissible quantity of Indian made foreign liquor that can be possessed by a person as provided under Government Notification S.R.O. No.127 of 1999 is three litres. Therefore, it is doubtful whether charge under section 55(i) will lie against the petitioner. That apart, she is a lady and her apprehension appears to be true. That being so, in my view this is a fit case in which anticipatory bail can be granted to the petitioner. 6. In the result the application is allowed. The respondent is directed to release the petitioner on bail, in the event of her arrest, on her executing a bond for Rs.25,000/- (twenty five thousand) with two solvent sureties for like sum each on the following conditions:- a) The petitioner shall appear before the Investigating Officer as and when required. b) The petitioner shall co-operate with the investigation. P.Q. BARKATH ALI, JUDGE mn/-