IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 Bail Appl..No. 3553 of 2008() ------------------------------------ CRIME NO.27/2008 OF CHIRAYINKEZHU EXCISE RANGE PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VARKALA .................... PETITIONER/ACCUSED : ---------------------------------- PADMINI, D/O.KAMALAKSHI, PUTHENKADA VEEDU, MUNNAMKULAM, ANJUTHENGU, CHIRAYINKEZHU, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3553 of 2008 ----------------------------------------- Dated this the 19th day of June, 2008 O R D E R This is an application for anticipatory bail. 2. The alleged offences are under sections 55(a) and (b) of Abkari Act. According to prosecution, on 14.04.2008 accused was found in possession of 3.400 litres of Indian made foreign liquor. The house from which alleged recovery was made belongs to the petitioner and her son, as inherited on the death of petitioner's husband. 3. Learned counsel for the petitioner submitted that the petitioner is not in possession of the property. The property was gifted to her daughter who mortgaged the property to one Alex. 4. Learned Public Prosecutor submitted that the investigation was conducted into this aspect also and as per the records, the petitioner herself is in possession of the property along with her son. It is also submitted that B.A.3553/2008 2 at the time of seizure, the petitioner was present at the place of occurrence also. In the circumstances, I am not inclined to grant anticipatory bail. The application is dismissed. K.HEMA, JUDGE pac