IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3857 of 2009()
1. REMA , W/O. ARAVINDAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.SANAL KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :16/07/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No.3857 of 2009
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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
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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
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cancelled.
The Bail Application is allowed to the extent indicated
above.
K.T. SANKARAN, JUDGE
scm