IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Bail Appl..No. 2678 of 2010() ----------------------------- (CRIME NO.14 OF 2010 ON THE FILES OF THE EXCISE RANGE OFFICE, KARUNAGAPPALLY, KOLLAM DISTRICT) PETITIONER/ACCUSED. --------------------------------------- USHA, AGED 38 YEARS, D/O. PANKAJAKSHY, MOOTHANTEAYYATHU VADAKKETHIL, KADATHOOR P.O., THAZHAVA, KOLLAM DISTRICT. BY ADV. SRI.C.S.MANU RESPONDENT: COMPLAINANT. --------------------------- STATE OF KERALA, REPRESENTED BY EXCISE INSPECTOR, KARUNAGAPPALLY EXCISE RANGE, KOLLAM DISTRICT. (NOTICE TO WHOM MAY BE SERVED ON THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J ---------------------- B.A.No.2678 OF 2010 ----------------------------------- Dated this the 21st day of May, 2010 O R D E R This is a petition for anticipatory bail. 2. The alleged offence is under section 55(i) of Abkari Act. According to prosecution, petitioner was found selling Indian Made Foreign Liquor and she was in possession of 2.5 litres of IMFL on 14.1.2020. On seeing the police, the person who had came to purchase liquor ran away. Petitioner could not be arrested since there was no woman constable. 3. Learned counsel for the petitioner submitted that petitioner was in possession of only permissible quantity of IMFL. She is innocent of the allegations made. Articles seized were a glass and a bottle of IMFL. There is no evidence for sale. 4. This petition is opposed. Learned public prosecutor submitted that as per the allegations in the mahazar, there B.A. No.2678/10 2 was sale. It was noticed by excise party when she was selling the article to another person and taking money from him. But, that person ran away. Petitioner is involved in other similar cases. Therefore, it cannot be said that petitioner will not repeat the offence. 5. On hearing both sides and considering the nature of allegations made, I find that it is not proper to grant anticipatory bail. This petition is dismissed. K. HEMA, JUDGE. Sou.