IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 Bail Appl..No. 5065 of 2009() --------------------------------- CRIME NO. 47/2009 OF AMARAVILA EXCISE RANGE .......................... PETITIONER/ACCUSED: ---------------------------- SATHYABHAMA, D/O.SAROJINI, AGED 55 YEARS, KUZHIKKAD VEEDU, MANCHUVILAKOM KARAYIL, NADOORKOLLA, KOLLAYIL VILLAGE, NEYYATTINKARA. BY ADV. SRI.G.SUDHEER RESPONDENTS/COMPLAINANT: ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, AMARAVILA EXCISE RANGE. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5065 of 2009 ------------------------------------ Dated this the 1st 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 Crime No.47/2009 of Amaravila Excise Range. 2. The offences alleged against the petitioner are under Sections 55(i) and 58 of the Abkari Act. 3. The prosecution case is that on 14.08.2009, the petitioner was found in possession of two litres of coloured arrack. She could not be arrested as no women police constable was available. 4. The learned counsel for the petitioner submitted that the petitioner is not involved in any other case of similar nature. It is stated that the petitioner is aged and that she was undergoing treatment for various diseases. A medical certificate dated 20.08.2010 issued by the Head of the Department, Department of Physical Medicine and Rehabilitation, General Hospital, Trivandrum is produced. The medical certificate shows that the petitioner was under treatment in the hospital as an impatient B.A. No. 5065 of 2009 2 for the period from 27.07.2009 to 31.07.2009 and thereafter as outpatient till date. The Medical Certificate shows that the petitioner is suffering from “Osteoarthrites of both knee joints, Hypertension with Impending Renal failure, Hypothyrodian Acid peptic disease and Mood disorder.” 5. Taking into account the facts and circumstances of the case, the nature of the offence and the fact that the petitioner is stated to be ill on account of various diseases and all other circumstances, 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. 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 report before the investigating officer between 9 A.M and 11 A.M. on every Monday for one month. B) The petitioner shall appear before the investigating officer for interrogation as and when required; B.A. No. 5065 of 2009 3 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 ln