IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2957 of 2010()
1. C.PAARU, AGED 50 YEARS, W/O. MALINKAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SMT.P.K.PRIYA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :25/05/2010
O R D E R
K.HEMA, J.
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Bail Application No.2957 of 2010
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Dated 25th May, 2010.
O R D E R
This petition is for anticipatory bail.
2. The alleged offence is under Section 55(a) of the
Kerala Abkari Act. According to prosecution, Preventive Officer
and party found petitioner carrying 5 litres of arrack in a 5 litre
can. Petitioner could not be arrested, since there was no woman
Police Constable in the police party.
3. Learned counsel for the petitioner submitted that
petitioner is a coolie and her husband is paralysed since 2007.
She is the only person, who looks after her husband and she was
not involved in the crime as alleged. Petitioner was available in
the house and she was not absconding. Petitioner was not
arrested from the spot. The allegations made against petitioner
are not correct, it is submitted. It is also submitted that petitioner
was not even aware of registration of the crime against her.
4. Learned Public Prosecutor submitted that petitioner
was not arrested since no woman Police Constable was present
and thereafter, petitioner was not available in the house. It is also
BA NO.2957/10 2
submitted that charge sheet has been filed.
5. On hearing both sides and considering the non-
arrest of petitioner for a long time, it appears to me that
respondent does not intend to arrest petitioner. But while
submitting the charge, she was shown as absconding. In case
petitioner is arrested, it is likely that she will be remanded. There
is no case that petitioner is involved in any other offence. In the
peculiar facts and circumstances of the case, I am inclined to
grant anticipatory bail to petitioner. Hence, the following order is
passed :
Petitioner shall surrender before the Magistrate Court
concerned within seven days from today and she shall
be released on bail, on her executing a bond for
Rs.25,000/- (Rupees twenty five thousand only) with
two solvent sureties each for the like sum to the
satisfaction of the learned Magistrate, on the following
conditions :
(i) Petitioner shall report before the
Investigating Officer on every Monday
between 10 a.m. and 1 p.m. until further
BA NO.2957/10 3
orders.
(ii) In case petitioner is involved in any offence
of similar nature, her bail is liable to be
cancelled.
Petition is allowed.
K.HEMA, JUDGE.
tgs