IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7910 of 2007()
1. USHAKUMARI,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.P.V.ANIL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :03/01/2008
O R D E R
R. BASANT, J.
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B.A. No. 7910 OF 2007
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Dated this the 3rd day of January, 2008
O R D E R
Application for anticipatory bail. Petitioner, a
woman, faces indictment in a prosecution under the Kerala
Abkari Act. She was allegedly found to be in possession of
700 ml of IMFL. She was not arrested as the detecting party
did not consist of any woman police official. Investigation is
complete. Final report has also been filed. Committal
proceedings has been registered. The petitioner apprehends
imminent arrest in execution of coercive process issued by
the learned Magistrate. The petitioner has no history of any
criminal antecedents, submits the learned Public Prosecutor.
2. The learned counsel for the petitioner prays, the
learned Public Prosecutor does not oppose the said prayer
and I am satisfied that this is a fit case where following the
dictum in Bharat Chaudhary and another Vs. State of Bihar
[AIR 2003 SC 4662] directions under Section 438 Cr.P.C.
BA.7910/07
: 2 :
can be issued in favour of the petitioner.
3. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of
the petitioner.
i) Petitioner shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 10.1.2008. She
shall be released on regular bail on condition that she
executes a bond for Rs.50,000/-(Rupees fifty thousand only)
with two solvent sureties each for the like sum to the
satisfaction of the learned Magistrate.
ii) The petitioner shall make herself available for
interrogation before the investigating officer as and when
directed by the investigating officer in writing to do so.
iii) If the petitioner does not appear before the learned
Magistrate as directed in clause (i), directions issued above
shall thereafter stand revoked and the police shall be at liberty
to arrest the petitioner and deal with her in accordance with
law, as if these directions were not issued at all.
BA.7910/07
: 3 :
iv) If she were arrested prior to 10.1.2008, she shall
be released from custody on her executing a bond for
Rs.50,000/- (Rupees fifty thousand only) without any sureties,
undertaking to appear before the learned Magistrate on
10.1.2008.
(R.BASANT, JUDGE)
aks