IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 Bail Appl..No. 6983 of 2008() ----------------------------- CRIME NO.31/2008 OF PUNALUR EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- S.SANTHAKUMARI, W/O.THULASEEDHARAN, NIJU BHAVAN, IDAMON, PUNALUR. BY ADV. SRI.A.N.RAJAN BABU RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE INSPECTOR, PUNALUR EXCISE RANGE OFFICE, PUNALUR. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6983 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offence is under section 8(2) of the Abkari Act. According to prosecution, petitioner was found carrying a can and she was apprehended and on examination of the can, it was found that it contain three litres of arrack. The incident occurred on 10-8-2008 at 6.15 p.m. Since no woman police constable was present, she was not arrested but seizure was effected and case was registered against petitioner. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocence of the allegations made. She was lighting a lamp in the family temple, while she heard two persons talking over mobile phone that “article cannot be seen”. Later, two bottles were brought to petitioner and they compelled her to admit that those were taken from her. Petitioner may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that as per the materials available in the case diary, BA 6983/08 -2- article was seized from the possession of petitioner and the arrack was found in a can and not in the bottles. There is nothing to substantiate the contentions raised by learned counsel for petitioner, as against the materials collected in investigation. Even in the occurrence report, the name and details of petitioner are available. It is submitted. 5. On hearing both sides, I am not satisfied of the plea of innocence, on the basis of bare assertions made by learned counsel for petitioner. It is not clear why the officials are motivated to foist a false case against her. At this stage, I can only go by the materials available in the case diary, in the absence of any other materials or circumstances to shake the credit of prosecution case. In a case of this nature, even regular bail cannot be granted, unless petitioner establishes that she is not guilty or that she will not commit any offence. The incident occurred as early as on 10-8-2008 and petitioner was not available for investigation. Hence, petitioner is directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co- operate with the investigation. Whether she BA 6983/08 -3- surrenders or not, police is at liberty to arrest her and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.