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. 6176 of 2008() ----------------------------- CRIME NO.32/08 OF KUNNAMKULAM EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- SMT.BINU, W/O.RAJAN, AGED 30 YEARS, KALIYATHODIKA HOUSE, NELLIKAPARAMBU P.O. KOZHIKODE DISTRICT. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE KUNNAMANGALAM EXCISE RANGE INSPECTOR, KUNNAMANGALAM EXCISE RANGE, KUNNAMANGALAM, KOZHIKODE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ 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.6176 of 2008 ------------------------------------------------- Dated this the 6th day of October, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, petitioner was found transiting four litres of arrack. But, she could not be arrested, since no women police constable was available in the police party. The incident occurred on 18.8.2008. 3. Learned counsel for the petitioner submitted that the petitioner is innocent of the allegations made. She was not in possession of any liquor as alleged. She is falsely implicated in an offence of this nature as it is evident from the fact that she was not arrested from the spot. Petitioner is a chronic heart patient since in the year 2000. The documents are produced as Annexure A to D series. In such circumstances, anticipatory bail may be granted, it is submitted. 4. On hearing both sides, considering medical records and the fact that the petitioner was not arrested from the spot, I find that an order can be passed which will protect the interest BA No.6176/08 2 of both sides. Hence, the following order is passed: (i) Petitioner shall surrender before the Investigating Officer within seven days from today and co-operate with the investigation. (ii) Petitioner shall be released on bail on her executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that she will report before the Investigating Officer as and when directed and that she will not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE csl