IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3567 of 2008(B)
1. BABY, AGED 44 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :04/06/2008
O R D E R
K.HEMA, J.
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B.A.No.3567 of 2008
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Dated this the 4th day of June, 2008
ORDER
This petition filed for anticipatory bail.
2. According to the prosecution on 8.4.2008, at about
12.30 p.m., petitioner was found carrying 4.5 litres of Indian
made Foreign liquor. The petitioner was intercepted and articles
were seized. But, she could not be arrested for want of women
constables. The offence alleged is under Section 58 of the
Abkari Act. The petitioner apprehends arrest and detention and
hence, this petition.
3. Learned counsel appearing for the petitioner
submitted the allegations made as per the available records will
not constitute offence under Section 58. Applying the dictum
laid down in Sabu vs. State of Kerala (2003(2) KLT 173)
there is only a bailable offence in this case. The mere possession
of Indian made Foreign liquor is not sufficient to make out an
offence under Section 58 of Abkari Act. But the Section having
been quoted wrongly as Section 58 of Abkari Act, it will be
difficult to get bail from lower court. Hence, petitioner seeks
anticipatory bail, failing which he will suffer great hardship.
BA NO.3567/08 2
4. The learned public prosecutor submitted that the
crime is under investigation. According to him, the purpose for
which the article is carried has to be found out. On hearing both
sides, especially in the light of the dictum laid down in Sabu vs.
State of Kerala (2003(2) KLT 173), I find that anticipatory bail
can be granted on conditions.
5. Hence, the following order is passed:
(i) The respondent is directed to release the petitioner in
the event of her arrest on her executing bond for Rs.25,000/-
(Rupees Twenty Five Thousand only) with two solvent sureties
each for the like sum to the satisfaction of the court below, if the
petitioner surrenders and files bail application.
(ii) The petitioner shall report before the Investigating
officer on every Monday and Thursday between 10 a.m. to 1 p.m.
(iii) If the petitioner is involved in any offence of similar
nature, the bail is liable to be cancelled.
The petition is allowed.
K.HEMA, JUDGE
csl