Kerala High Court
Haseena Palathingal vs State Of Kerala on 21 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
BAIL APPL. NO. 9427 OF 2022
AGAINST THE ORDER/JUDGMENTCRMC 1164/2022 OF DISTRICT COURT&
SESSIONS COURT,MANJERI
PETITIONER/ACCUSED:
HASEENA PALATHINGAL
AGED 46 YEARS
D/O MUHAMMED,
KINARADAPPAN, VETTILAPPARA P.O.
AREEKODE VIA MALAPPURAM (DIST.), PIN - 673639
BY ADVS.
ANIL K.MUHAMED
KRISHNAKUMAR G.
AJIN SALAM
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
BY SMT. SEETHA S (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.12.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Bail Appln. No. 9427 of 2022 2
VIJU ABRAHAM , J.
===========================
Bail Appln. No. 9427 of 2022
============================
Dated this the 21st day of December, 2022
ORDER
This is an application for anticipatory bail.
2. The petitioner is an accused in Crime No. 96/2022 of
Manjeri Excise Range, Malappuram District alleging commission
of offences punishable under Sections 8(1) and 55(g) of Abkari
Act.
3. The prosecution allegation is as follows:- On the basis of
prior information, on 07/10/2022 at 11: 20 PM the Excise officers
conducted a search in house bearing No. 467 at Vettilappara
Amsom. It is alleged that during this search, 3.5 litres of arrack
and 23 litres of wash was seized. It is the further case of
prosecution that accused was occupying this building and she
escaped from there prior to the arrival of excise party and a
photocopy of her Aadhar card and photograph was also seized
from that house.
4. The petitioner submitted that she has been falsely
implicated in the above said crime.
5. The learned Public Prosecutor upon instructions
submitted that investigation revealed that the petitioner has
taken the house on rent and that the petitioner was distilling
arrack while the Excise party arrived. The learned Public
Prosecutor further submitted that petitioner has no other criminal
antecedents.
6. Considering the fact that the petitioner has no other
criminal antecedents and that she is a lady, I am inclined to grant
anticipatory bail to the petitioner granting limited custody for the
purpose of the investigation.
In the result, this application is allowed. The Petitioner shall
surrender before the Investigating Officer in Crime No. 96/2022 of
Manjeri Excise Range Police Station on 28.12.2022 at 11 AM and
shall make herself available for interrogation on that day or any
other day/days as directed by the Investigating Officer. The
petitioner shall co-operate with the investigation. In the event of
arrest of the petitioner in Crime No. 96/2022 of Manjeri Excise
Range Police Station, the petitioner shall be produced before the
jurisdictional Court on the very same day and shall be released on
bail subject to the following stringent conditions.
(i) The petitioner shall execute a bond for a sum of
Rs.50,000/- (Rupees fifty thousand only) with two solvent
sureties each for the like-sum to the satisfaction of the
Jurisdictional Court;
(ii) The petitioner shall appear before the investigating
officer in Crime No. 96/2022 of Manjeri Excise Range
Police Station, on every Saturday at 11.00 a.m. until
filing of the final report.
(iii) Petitioner shall report to the Investigating Officer as and
when required for the investigation.
(iv) The petitioner shall not attempt to influence the defacto
complainant or interfere with the investigation or to
influence or intimidate any witness in Crime No.
96/2022 of Manjeri Excise Range Police Station;
(v) The petitioner shall not involve in any other crime while
on bail.
If any of the aforesaid conditions are violated, the
investigating officer in Crime No. 96/2022 of Manjeri Excise
Range Police Station may file an application before the
jurisdictional Court, for cancellation of bail.
It is made clear that it is within the power of the police
to investigate the matter and if necessary to effect recoveries
on the information if any given by the petitioner even when
the petitioner is on bail as per the judgment of the Apex
Court in Sushila Aggarwal and others v. State (NCT of Delhi)
and another (2020 (1) KHC 663).
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
