IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 Bail Appl..No. 4086 of 2008(A) ------------------------------------- CRIME NO.25/2008 OF KOYILANDY EXCISE RANGE PETITIONER/ACCUSED : ----------------------------- BINDU, W/O.ASOKAN, MANNAMKANDIYIL HOUSE KIZHARIYOOR AMSOM, NADUVANNUR DESOM, KOYILANDY TALUK BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/COMPLAINANT/STATE : ------------------------------------------------ 1. THE EXCISE RANGE OFFICER, KOYILANDY 2. STATE REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4086 OF 2008 ------------------------------ Dated this the 30th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 55(a) of Abkari Act. According to the prosecution, the petitioner was found in possession of 5 litres of arrack on 11.06.2008 at about 5.30 p.m. The article was seized, but the petitioner was not arrested for want of availability of women police constable. 3. Learned counsel for the petitioner submitted that the petitioner was not arrested from the spot and no warrant was obtained from the court for search and hence the petitioner is entitled for anticipatory bail. 4. This petition is opposed. Learned Public Prosecutor submitted that only because the petitioner was not arrested from the spot, it cannot be said that the incident did not occurred at all. She was not arrested, only because of the non availability of women police constable in the police party. On hearing both sides, I am not satisfied that the petitioner B.A.4086 of 2008 2 is not guilty or that she will not repeat any offence. Hence bail cannot be granted in view of Section 41A of Abkari Act. Therefore the question of granting anticipatory bail also does not raised. The incident occurred on 11.06.2008 and the petitioner could not be arrested so far. Hence the investigation could not be completed. Petitioner is, therefore, directed to surrender before the Magistrate court concerned or the Investigating Officer and co-operate with the investigation within seven days form today. With this direction, the petition is dismissed. K.HEMA, JUDGE pac