IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 Bail Appl..No. 87 of 2010 C.R.NO.8 OF 2009 OF THIRUVALLA EXCISE RANGE PETITIONER: ACCUSED: -------------------- SAROJINI, AGED 64 YEARS, CHANDRA BHAVAN, KOZHIMALA MURI, VALLAMKULAM, THIRUVALLA. BY ADV. SRI.T.P.PRADEEP RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 87 OF 2010 ------------------------------------------------------ Dated this the 4th day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No.8 of 2009 of Thiruvalla 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 17.2.2009, the petitioner was found engaged in the sale of Indian Made Foreign Liquor. A quantity of 750 ml of Indian Made Foreign Liquor was seized from the possession of the petitioner. The petitioner could not be arrested as no woman police constable was available. The petitioner apprehends arrest and, therefore, she has filed this application for anticipatory bail. 4. It is submitted that the petitioner is aged 64 years and she B.A. NO. 87 OF 2010 :: 2 :: was residing alone in her house. There was nobody to look after her. Later, she was taken to Delhi by a near relative. It is also stated that the petitioner is suffering from old age ailments and she was undergoing treatment. Annexures A and B are produced to support this submission. 5. Taking into account the facts and circumstances of the case, the nature of the offence and the present stage of investigation, I am of the view that anticipatory bail can be granted to the petitioner. 6. 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.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; B.A. NO. 87 OF 2010 :: 3 :: d) 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 ahz/