IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 Bail Appl..No. 3687 of 2009() ----------------------------- CRIME NO.99/2008 OF SASTHAMCOTTAH EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- SREELATHA, NAMASIVAYA VEEDU, MUNDUVELIL, PADINJATTUM MURI, SOORANAD SOUTH VILLAGE, KUNNATHOOR TALUK, SASTHAMCOTTAH, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE EXCISE RANGE INSPECTOR, SASTHAMCOTTAH EXCISE RANGE, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------- B.A.No.3687 of 2009 ------------------------------ Dated this the 8th day of July, 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.99 of 2008 of Sasthamcottah Excise Range. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 6.9.2008, the Excise Party got reliable information that the petitioner is involved in the sale of Indian made foreign liquor at her residence. At about 6.20 P.M., the Excise Party went to the house of the petitioner. Two persons ran away from that place. The Excise Party found 750 ml. of Indian made foreign liquor and a glass. Apprehending that the petitioner was involved in the sale of Indian made foreign liquor, the case was registered. 4. Learned counsel for the petitioner stated that the husband of the petitioner is physically invalid and if the petitioner is arrested and detained, there would be nobody to look after her husband and to maintain her family. It is also submitted that there is no material in the case to indicate that the petitioner was involved in the sale of Indian made foreign liquor. It is submitted that 750 ml. of Indian BA No.3687 /2009 2 made foreign liquor was kept in the house for consumption by her husband. 5. It is not necessary to consider the merits of the contentions put forward by either side. Taking into account the facts and circumstances of the case and considering the case diary, 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.25,000/- 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 all Mondays, till the final report is filed or until further orders; 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; 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