IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 25TH JULY 2007 / 3RD SRAVANA 1929 Bail Appl..No. 4482 of 2007() ----------------------------- CR NO.41/2007 OF HOSDURG EXCISE RANGE .................... PETITIOINER/ACCUSED: ------------------------------------- P.R. OMANA, AGED 43/2007, W/O. A.V. SUKUMARAN (LATE), RESIDING AT CLEENIPARA IN THAYANNOOR VILLAGE OF HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.MURUGAN P.V. RESPONDENTS: COMPLAINANT: ------------------------- 1. HOSDURG EXCISE RANGE INSPECTOR, HOSDURG. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/07/2007 ALONG WITH BA NO.4491/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.Nos.4482 & 4491 of 2007 ---------------------------------------- Dated this the 25th day of July 2007 O R D E R These are applications for anticipatory bail. The petitioner, a woman is alleged to have kept in her possession 4 litres of arrack on 8/6/2007 and 5 litres of arrack on 19/01/2006. On both occasions, the petitioner could not be arrested as there were no women officials in the team which detected the offence. Investigation is in progress in both cases. The petitioner apprehends imminent arrest. 2. The learned Public Prosecutor points out that the petitioner is involved in one more crime under the Kerala Abkari Act. The learned Public Prosecutor submits that in these circumstances there is absolutely no justifiable reason to invoke the extraordinary discretion under Section 438 Cr.P.C. This is a fit case where the petitioners must appear before the learned Magistrate or the investigating officer and seek regular bail in the normal and ordinary course. 3. I have considered all the relevant inputs. The petitioner is a woman. It is submitted that she is mentally upset. B.A.No.4482/07 2 Powers under Section 438 Cr.P.C have to be invoked sparingly and in exceptional cases in aid of justice only. In the facts and circumstances of this case, I find no reason which can persuade this court to invoke the extraordinary equitable discretion under Section 438 Cr.P.C. In the wake of the opposition by the learned Public Prosecutor, regular bail can be granted to the petitioner only if this court is in a position to entertain the twin satisfactions under Section 41A of the Kerala Abkari Act. I do not find any circumstances which can persuade this court to entertain either of those two satisfactions at the moment. I am satisfied that these petitions deserve to be dismissed now. 4. In the result, these petitions are dismissed. Needless to say, if the petitioner surrenders before the investigating officer or the learned Magistrate having jurisdiction and applies for bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.4482/07 3 B.A.No.4482/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007