IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Bail Appl..No. 1046 of 2008() ----------------------------- CRIME NO.145/07 OF ARYANAD EXCISE RANGE APPLICANT : ACCUSED: ------------------------- SAKUNTHALA, AGED 46 YEARS, D/O.RASEENA, CHITRA BHAVAN, CHERAPALLI, KOTTAKKAKOM, ARYANAD P.O. BY ADV. SRI.SREEKANTH S.NAIR RESPONDENTS: COMPLAINANTL ------------------------- STATE OF KERALA, REPRESENTED BY THE PREVENTIVE OFFICER, EEANSS, ARYANAD EXCISE RANGE, THIRUVANANTHAPURAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1046 of 2008 ------------------------------------- Dated this the 22nd day of February, 2008 ORDER Application for anticipatory bail. Petitioner, a woman, faces allegations under the Kerala Abkari Act. On 16.11.07 she was allegedly found to keep in her possession 4 litres of arrack. On seeing the excise party she allegedly abandoned the article and took to her heels. She could not be apprehended. Investigation is in progress. Final report has not been filed yet. 2. The learned counsel for the petitioner submits that the petitioner is innocent. She is not in any way connected with the crime. 3. The learned Public Prosecutor opposes the application and points out that all contemporaneous documents reveal the complicity of the petitioner. There is no reason to assume that the allegations are false or vexatious. The petitioner may be directed to surrender before the learned Magistrate or the Investigating Officer and then seek regular bail, submits the learned Public Prosecutor. B.A.No.1046 of 2008 2 4. Having considered all the relevant circumstances, I find merit in the opposition by the learned Public Prosecutor. I am unable to perceive any features in this case which can justify or warrant the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. I agree with the learned Public Prosecutor that the petitioner must surrender before the learned Magistrate having jurisdiction or the Investigating Officer and then seek regular bail in the ordinary course. 5. This application is, in these circumstances, dismissed, but I may hasten to observe that if the petitioner surrenders before the Investigating Officer or 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 appropriate orders on merits and expeditiously. (R.BASANT, JUDGE) rtr/-