IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 6378 of 2011(B) ------------------------------------------ [O.R.NO.32/2011 OF OTTAPPALAM EXCISE RANGE, PALAKKAD DISTRICT] ............. PETITIONER/SOLE ACCUSED: ------------------------------------------- LAKSHMIKUTTY, AGED 35 YEARS, D/O.UDAYAN, RESIDING AT THEKKIN KUTTATHIL HOUSE, CHERUKATTUPURAM P.O.,AMSAM AND DESOM, VANIYAMKULAM II VILLAGE, OTTAPPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.PEEYUS A.KOTTAM. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, OTTAPPALAM RANGE, (INVESTIGATING OFFICER IN O.R.NO-32/2011 OF OTTAPPALAM EXCISE RANGE)REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, SHANMUGHAM ROAD, ERNAKULAM, COCHIN- 682 031. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. P.S.GOPINATHAN, J ---------------------------------- B.A.No.6378 of 2011 ------------------------------------ Dated this the 24th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the sole accused in O.R. No.32/2011 of Ottappalam Excise Range for offence punishable under Section 55(i) of Abkari Act. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that she is innocent of the allegation. Having heard either side, it it seen that 7 bottles of 750 Milli litres of Indian made Foreign Liquor were seized from the petitioner while in the process of selling. In the normal course, having due regard to the nature of the offence, I am not inclined to grant the relief sought for. But, taking note that the petitioner had lost her husband recently, this petition is allowed. There will be a direction to the petitioner to surrender before the Investigating Officer, who after interrogation shall release the petitioner on bail on executing a bond for Rs.20,000/- with two solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to the following conditions: B.A.No.6378 of 2011 2 1) The petitioner shall report before the Investigating Officer as and when required. 2) Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any Police officer. 3) Petitioner shall not leave Palakkad District without the previous permission of the Investigating Officer. 4) This order shall be in force for a period of one month, within which period the petitioner shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioner and produce her before the Magistrate concerned. P.S.GOPINATHAN, JUDGE su