IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2324 of 2009()
1. CHANDRIKA,W/O.LATE K.V.MANI,AGED 50,
... Petitioner
Vs
1. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR
... Respondent
For Petitioner :SRI.JACOB SEBASTIAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :03/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.2324 of 2009
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Dated this the 3rd day of June, 2009
ORDER
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. The petitioner is the accused in Crime
No.8 of 2009 of Kuzhalmannom Excise Range.
2. The offences alleged against the petitioner are under Sections
8(1), 8(2) and 55(g) of the Abkari Act.
3. The prosecution case is that on 4.4.2009, the petitioner was
found in possession of 25 litres of wash, 1 litre of arrack and other
implements for manufacturing arrack in her house. On the date of the
incident, she could not be arrested as no woman police constable was
available with the Excise Squad.
4. The petitioner states that she is a cancer patient. The
medical certificate dated 16.5.2009 issued by the Government Medical
College, Thrissur, is produced to show that she is suffering from cancer
of cervix and that she is undergoing treatment for the same. The only
ground of which the petitioner seeks for anticipatory bail is her illness.
5. The learned Government Pleader submitted that in the
peculiar facts and circumstances of the case, if anticipatory bail is to be
BA No.2324/2009 2
granted, stringent conditions may be imposed.
6. Taking into account the facts and circumstances of the case,
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.25,000/- 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;
The Bail Application is allowed to the extent indicated above.
K.T.SANKARAN,
JUDGE
csl