IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 Bail Appl..No. 5847 of 2011() ----------------------------- C.R.No.42 OF 2011 OF KONNI EXCISE RANGE -------------------------- PETITIONER/ACCUSED :- -------------------------------------- OMANA, AGED 57 YEARS, W/O.LATE SAHADEVAN NILAMAKUNNEL HOUSE, KARIMANTHODE MURI, THANNITHODE VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH SRI.PRAKASH KESAVAN RESPONDENT(S)/COMPLAINANT/STATE :- ------------------------------------------------------------- 1. THE EXCISE INSPECTOR, KONNI EXCISE RANGE PATHANAMTHITTA DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.TEK CHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt K.T.SANKARAN, J. --------------------------------- B.A. No.5847 OF 2011 --------------------------------- Dated this the 27th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the accused in C.R. No.42 of 2011 of the Konni Excise Range. 2. The offence alleged against the petitioner is under Section 55(g) of the Abkari Act. 3. The prosecution case is that on 6.7.2011, a quantity of 35 litres of wash was found kept in the house of the petitioner. The petitioner could not be arrested as no woman police constable was available. 4. The learned counsel for the petitioner submitted that Annexure-I petition was filed by the petitioner before the Excise Commissioner alleging that the Assistant Excise B.A. No.5847 OF 2011 2 Inspector and 4 officers of the Excise Department planted some contraband at her house and foisted a false case against her. 5. The allegations levelled against the petitioner are grave in nature. The offence involved is a sessions offence. In a case of this nature, anticipatory bail cannot be granted. If anticipatory bail is granted, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms