IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 Bail Appl..No. 5428 of 2008() ----------------------------- CRIME NO. 71/2008 OF EXCISE RANGE, PATHANAPURAM PETITIONER/ACCUSED:-: ----------------- SANTHAKUMARI, AGED 41, W/O.THULASEEDHARAN, NIJU BHAVAN, EDAMAN MURI, EDAMAON VILLAGE, PATHANAPURAM TALUK BY ADV. SRI.ABRAHAM P.GEORGE RESPONDENT: ------------- STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, PATHANAPURAM EXCISE RANGE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P. SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5428 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of September,2008 O R D E R Application for anticipatory bail. 2. According to prosecution, on 10-8-2008 at 6.30 p.m. petitioner was found in possession of three litres of arrack and she was intercepted by the Excise officials and article was seized from her possession. She could not be arrested from the scene for want of woman police constable. 3. Learned counsel for the petitioner submitted that petitioner is absolutely innocent of the allegations made and article was seized from the premises of a kavu situated near petitioner's house. She has nothing to do with the article. It is pointed out that petitioner was not arrested from the spot, on the allegation that no woman police constable was available. Petitioner is not involved in any other crime. 4. The application is opposed. Learned Public Prosecutor submitted that details of petitioner are available in the mahazar itself. She was apprehended from the spot and article was seized from her possession. The Excise officials have no grudge to implicate her falsely in an offence of this nature. Petitioner could BA 5428 /08 -2- not be arrested from the spot because woman police constable was not available. 5. On hearing both sides, I find that no materials are available to support plea of innocence. It is also not stated why the Excise officials should falsely implicate the petitioner in an offence of this nature. In the above circumstances, in a case where even bail cannot be granted, unless condition under section 41A of the Abkari Act are made out, anticipatory bail cannot be granted. The application is dismissed. K. HEMA, JUDGE. mn.