IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 Bail Appl..No. 3857 of 2009() ------------------------------------- CRIME NO.58/2009 OF KAYAMKULAM EXCISE RANGE.. PETITIONER/ACCUSED : ------------------------------------- REMA , W/O. ARAVINDAN, OTTATHENGIL PADITTATHIL HOUSE, KANDALLOR THEKKUM MURI, KANDALOOR, KARTHIKAPPALLY, ALAPPUZHA. BY ADV. SRI.S.SANAL KUMAR RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3857 of 2009 ------------------------------------ Dated this the 16th day of July, 2009 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.58/2009 of Kayamkulam Excise Range. 2. The offences alleged against the petitioner are under Sections 8(1) and (2) of the Abkari Act. 3. The prosecution case is that on 18/06/2009, the petitioner was found transporting 5 litres of arrack. It is stated that the petitioner could not be arrested as no woman constable was available. 4. The learned counsel for the petitioner submitted that the petitioner is suffering from Cancer, which has affected her breast. The doctor has advised removal of her breast. Annexure 3 medical certificate is relied on by the petitioner, which would indicate that the petitioner was admitted in J.J. Hospital, Krishnapuram from 27/05/2009 to 6/06/2009. The B.A. No.3857/2009 Page numbers certificate would also indicate that the petitioner was advised to take rest for one month. The learned counsel for the petitioner submitted that one breast of the petitioner was already removed on an earlier occasion. 4. Taking into account the facts and circumstances of the case, I am of the view that anticipatory bail can be granted to the petitioner, in view of her state of health. 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.50,000/- 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. D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be B.A. No.3857/2009 Page numbers cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm