IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 Bail Appl..No. 7927 of 2008() ----------------------------- (CRIME NO.98/08 OF KAYAMKULAM EXCISE RANGE) PETITIONER: -------------------- SARASWATHY AMMA, W/O.SASIDHARAN NAIR, KOCHUVEETTIL THARAYIL, PRAYAR MURI, PUTHUPPALLY VILLAGE. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl. No. 7927 of 2008 --------------------------------------------------- Dated this the 10th day of February, 2009. ORDER Petition for anticipatory bail. 2. The alleged offence is under Section 55(i) of Abkari Act. According to prosecution, petitioner was found engaged in sale of Indian made foreign liquor from behind a c-class shop run by her husband on 19.12.2008 and 600 ml. of Indian made foreign liquor was seized from her possession. 3. Learned counsel for petitioner submitted that petitioner is a woman. She was actually not involved in the offence. Her husband is running a c-class shop and petitioner is deliberately made an accused in this crime. Her mother is sick and she has to look after her mother and some leniency may be shown and anticipatory bail may be granted to her. 4. This petition is opposed. Learned counsel for petitioner submitted that considering the allegations made, it is not a fit case to grant anticipatory bail 5. On hearing both sides, I find that the offence alleged is under the Abkari Act. Even for granting bail under Section 437 Cr.P.C., petitioner has to establish that she is innocent and that [B.A.No.7927/08] 2 she will not commit offence. The submissions made by learned counsel for petitioner are not sufficient to come to a finding that petitioner is not guilty. In the above circumstances, there is no special circumstance to grant anticipatory bail. Though assertions are made that petitioner's mother is sick etc. those are only bare assertions. On considering the nature of allegations made, I am satisfied that it is not a fit case to grant anticipatory bail. Petitioner is at liberty to raise the same contention while she surrenders and applies for bail under Section 437 Cr.P.C. In the above circumstances, the following order is passed: 1) Petitioner shall surrender before the investigating officer forthwith and co-operate with the investigation. Whether she surrenders or not, police is at liberty to arrest her and proceed in accordance with law. 2) No further application for anticipatory bail by the petitioner in this crime will be entertained by this Court. Petition is dismissed. K. HEMA, JUDGE. Krs.