IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 Bail Appl..No. 6186 of 2008() ----------------------------- CR.NO.37/08 OF THIRUPURAM EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- ANITHA, D/O. DEVAKI AMMA, AGED 38 YEARS, MUTTACHIVILAKAM VEEDU, KARODE, NEYYATTINKARA. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, THIRUPURAM EXCISE RANGE, THIRUPURAM, NEYYATTINKARA. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6186 of 2008 ----------------------------------------- Dated this the 6th October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 55(a) of the Abkari Act. According to prosecution, petitioner was found carrying 1.5 litre of coloured liquor in a plastic bottle, having two litres capacity. On seeing the Excise officials, she abandoned the article and ran away. She could not be arrested. 3. Learned counsel for petitioner submitted that the incident did not occur as alleged. The petitioner was earlier involved in abkari offences. But, for the past two years, the petitioner's husband is bed ridden because of asthma and as requested by him, she purchased liquor from the Beverages Corporation, as evidenced by Annexure-A, while she was returning from her sister's house. On the way, the Excise party apprehended her and when she explained the true facts, they were not prepared to accept the same, since she was earlier involved in abkari offences. The petitioner protested to the move of arrest. Since the people of the locality intervened, the petitioner could not be arrested. Later, a false case is foisted against her, it is submitted. BA.6186/08 2 4. Learned Public Prosecutor submitted that as per the allegations, the petitioner was found carrying 1.5 litre of coloured liquor in a plastic bottle, having two litres capacity. On seeing the Excise officials, she abandoned the article and ran away. She could not be arrested. Learned Public Prosecutor submitted that the offence is of serious nature and hence, it may not be proper to grant anticipatory bail. 5. Learned counsel for petitioner also submitted that the manner in which she ran away is explained in the mahazar. She was looking backward off and on and proceeding forward. It could not have been difficult for the Excise officials to apprehend the petitioner, but the story put forward by them is improbable, it is submitted. On hearing both sides, I find that anticipatory bail can be granted to the petitioner. Hence, the following order is passed: Petitioner shall surrender before the Magistrate Court concerned within seven days from today and co- operate with the investigation and if any bail application is filed, she shall be released on bail on her executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on the following conditions: BA.6186/08 3 i) Petitioner shall report before the investigating officer and co-operate with the investigation as and when directed. ii) Petitioner shall not commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.