IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3842 of 2008()
1. SURENDRAN, AGED 40, S/O.VASU,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.A.C.DEVY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :18/06/2008
O R D E R
K. HEMA, J.
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B.A.No. 3842 of 2008
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Dated this the 18th day of June, 2008
O R D E R
Application for anticipatory bail.
2. According to the prosecution, petitioner was found in possession
of 8.580 litres of Indian Made Foreign Liquor for sale on 24-12-2007 at
about 5.15 p.m. and on seeing the police, he ran away from the spot and
hence he could not be arrested.
3. Learned counsel for the petitioner submitted that the petitioner is
a cancer patient and he is in a sinking condition. He is being treated in the
Medical College Hospital and he requires periodical check-up and
treatment from the Medical College Hospital. He has produced various
certificates and documents relating to the treatment which the petitioner has
received. A certificate is also produced to show that he requires continuous
treatment for at least two years and he was advised not to do any hard work
during the period. He has been undergoing radiation also.
4. The alleged incident is on 24-12-2007. In Annexure-A discharge
card issued to the petitioner it is seen that he was admitted in the hospital on
9-12-2007 and discharged on 13-12-2007 for cancer of the lung. On the
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date of discharge, he was advised to have a review on 27-12-2007. It is in
between the period of discharge and the review fixed on 27-12-2007 that
the present case is allegedly committed and the petitioner is implicated in
the offence.
5. This application is opposed. It was pointed out that earlier
anticipatory bail application filed by the petitioner was dismissed by this
Court. On going through the said order, I find that the petitioner’s ailment,
etc. are not considered therein. The recovery is already effected and
nothing more is to be done through the petitioner.
6. Hence, taking into consideration the physical state of the
petitioner and the facts discussed, I find that the following order can be
passed:-
1. The petitioner is directed to surrender before the
Investigating Officer within seven days from today
and make himself available for interrogation.
2. The petitioner shall be produced before the
learned Magistrate concerned, in the event of his
arrest, in accordance with law.
3. On production of the petitioner before the learned
Magistrate, if any application is moved, the
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petitioner shall be released on bail on his exe
uting a bond for Rs.25,000/- with solvent sur
ties each for the like amount to the sat
sfaction of the Magistrate on condition that he wil
co-operate with the investigation.
The application is allowed as above.
K. HEMA,
JUDGE.
mn.