IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 Bail Appl..No. 2845 of 2010() ---------------------------------------- CRIME NO.21/2010 OF EXCISE RANGE, KAZHAKOOTAM, THIRUVANANTHAPURAM DIST. .................... PETITIONER/A.2 ------------------------- USHA, AGED 47, W/O. PRAKASAN, MANAKATTIL VEEDU, CHITTATTUMUKKU DESOM, MENAMKULAM VILLAGE, THIRUVANANTHAPURAM TALUK. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): -------------------------- THE EXCISE INSPECTOR, EXCISE RANGE, KAZHAKOOTTAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.HEMA, J. ------------------ B.A. No. 2845 of 2010 ----------------------------- Dated this the 3rd day of June, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 55(a) & (i) and 58 of the Abkari Act. According to prosecution, the excise party, on receiving information, inspected the house of the petitioner and found petitioner and her husband(A1) trying to dig out something from a place at a distance of 5 metres away from the house. 66.855 litres of Indian Made Foreign Liquor was seen concealed in the earth and on questioning them, petitioner's husband was arrested from the spot. Since there was no woman police constable, petitioner was not arrested. 3. Learned counsel for petitioner submitted that petitioner is implicated only because her husband was arrested. But petitioner was not even present in the house at the time of alleged search. Petitioner is running a parrot shop. She is innocent of the allegations made. Learned counsel for petitioner also submitted that in the Mahazar prepared at the spot, B.A. No. 2845 of 2010 2 petitioners signature is not available. 4. Learned Public Prosecutor submitted that as per the materials in the case diary, petitioner was found along with the first accused engaged in digging earth to take out the articles concealed there. Petitioner was not arrested only because of want of woman police constable. 5. On hearing both sides, on considering the fact that Mahazar does not contain signature of the petitioner and the fact that the petitioner is not arrested till now, I am satisfied that petitioner has a strong case to put forward and hence if anticipatory bail is not granted, it will result irreparable injury to petitioner. Hence, the following order is passed. i). Petitioner shall surrender before the Magistrate Court concerned within seven days from today. ii). Petitioner shall be released on bail, on her executing a bond for Rs. 10,000/- (Rupees ten thousand only) with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court B.A. No. 2845 of 2010 3 concerned on condition that she will report before the investigating officer as and when directed and she will not get involved in any similar offence while on bail. This petition is allowed. K. HEMA, JUDGE ln