IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 Bail Appl..No. 203 of 2008() ---------------------------- CRIME NO. 56/07 OF KUMBALA EXCISE RANGE PETITIONER/ACCUSED ----------------------------------- VASANTHI, 42 YEARS, W/O JANARDANAN, MANIVALAPIL HOUSE, SHIRIYA VILLAGE, KUMBALA, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENTS: COMPLAINANT ------------------------ THE SUB INSPECTOR OF POLICE, KUMBALA EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/01/2008, ALONG WITH BA NO. 355 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 203 & 355 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of January, 2008 O R D E R These applications are for anticipatory bail. The petitioner, a woman, faces allegations under the Kerala Abkari Act. Her husband was already arrested in a crime registered under the Abkari Act by the Kumbala police on 16.12.2007. The Excise officials conducted a raid on 18.12.2007 and recovered 250 packets of arrack, each containing 100 ml., from the compound near the well of the house of the petitioner. On 21.12.2007 again, on receipt of discreet prior information, the Excise officials conducted a search of the residential premises and recovered 3194 packets of Karnataka arrack, each containing 100 ml. On both occasions the petitioner was not present in the house. From the circumstances the inference was drawn by the detecting officials that the petitioner, along with her husband, was in joint possession of the contraband article, though the husband had been arrested on 16.12.2007. Accordingly both of B.A.Nos. 203 & 355 of 2008 2 them were arrayed as accused. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Her husband may be indulging in sale of arrack, but she has no contumacious or culpable knowledge or intention. She claims that she is residing in a separate rented house. She has a girl child of advanced age. Arrest and incarceration of the petitioner will result in great prejudice and hardship to the petitioner. She shall co-operate with the Investigators. At any rate, she may be granted anticipatory bail, it is prayed. 3. The learned Prosecutor opposes the applications. He submits that the available indications clearly point to the complicity of the petitioner. It would be idle to assume that the petitioner has no contumacious intention in keeping the contraband article in secret chambers of the house of the petitioner. At any rate, the petitioner must be interrogated. She will be arrested and dealt with only if such interrogation reveals her complicity convincingly. In these circumstances the petitioner may not be permitted to arm herself with an order of anticipatory bail. She may be directed to surrender before B.A.Nos. 203 & 355 of 2008 3 the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail in the ordinary course. 4. I have considered all the relevant inputs. I find merit in the opposition by the learned Prosecutor. I am unable to find any features in this case, which would justify the invocation of the extra ordinary equitable discretion under section 438 Cr.P.C. in favour of the petitioner. This I am satisfied is a fit case where the petitioner must resort to the ordinary and normal procedure of appearing before the Investigator or the learned Magistrate having jurisdiction and then seek regular bail in the ordinary course. 5. This application is accordingly dismissed. I may however hasten to observe that if the petitioner appears before the learned Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously. (R. BASANT) tm Judge B.A.Nos. 203 & 355 of 2008 4