IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 Bail Appl..No. 7569 of 2008() ----------------------------- CMP.2005/2008 of SESSIONS COURT, PATHANAMTHITTA CRIME NO.56/2008 OF EXCISE RANGE OFFICE, KONNI PETITIONER(S): ACCUSED:- -------------------- SULOCHANA, W/O. RAJAN, PUSHPAMANGALATHU HOUSE, KAITHAKKAL, ELAPPUPARA, KONNI, PATHANAMTHITTA. BY ADV. SRI.SEBASTIAN PHILIP RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REP. EXCISE CIRCLE INSPECTOR, EXCISE RANGE OFFICE, KONNI. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7569 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 55(a) and (i) of the Abkari Act. According to prosecution, from a teashop-cum- residential building of petitioner who is a woman, four sealed bottles of Indian Made Foreign Liquor were seized which were intended for sale. Altogether the quantity involved is 1.8 litres. 3. Learned counsel for petitioner submitted that petitioner is totally innocent of the allegations made. The article seized is not intended for sale. Petitioner was not engaged in sale of any Indian Made Foreign Liquor. In fact, marriage of petitioner's daughter was fixed to be solemnized on 24-7-2008, as evidenced by Annexure-II. In the petitioner's house there are other three adult members, as evidenced by Annedure-I. It is also submitted that petitioner's husband was celebrating the occasion on two days' prior to the marriage, on 22-7-2008, when the Excise party seized the article from the house and registered a crime falsely alleging that article was stored for sale, etc. If petitioner is remanded to custody on these BA 7569/08 -2- allegations, it will result in irreparable injury and loss, it is submitted. 4. Learned Public Prosecutor submitted that he has no objection in granting anticipatory bail on conditions. 5. On hearing both sides, I am satisfied that petitioner has strong defence to put forward, which can be established only in evidence. If petitioner is remanded to custody without giving him an opportunity to establish her defence, it will result in great injustice and therefore, I find that anticipatory bail can be granted to petitioner on conditions. 4. Hence, the following order is passed:- (1) Petitioner shall surrender before the Magistrate court concerned within seven days from today and she shall be released on bail, on her executing a bond for Rs. 25,000/- with two solvent sureties each, for the like amount, to the satisfaction of the learned Magistrate, on the following conditions:- i) Petitioner shall make himself available for interrogation by the Investigating Officer as and when directed. BA 7569/08 -3- ii) Petitioner shall not commit any offence while on bail. This petition is allowed. K.HEMA, JUDGE. mn.