IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Bail Appl..No. 186 of 2008() ---------------------------- CRIME NO.99/07 OF NOORANAD EXCISE RANGE : PETITIONER --------------------------- YASODHA, W/O PRASANNAN, MEGHALAYAM, ELIPPIKULAM MURI, VALLIKUNNAM VILLAGE. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENTS: ------------- EXCISE INSPECTOR, NOORANAD EXCISE RANGE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.186 of 2008 ------------------------------------- Dated this the 14th day of January, 2008 ORDER Application for anticipatory bail. Petitioner, a woman, faces allegations under the Kerala Abkari Act. She was allegedly engaging herself in the activity of unauthorised vending of Indian Made Foreign Liquor. On receipt of discreet prior information, the excise party reached the scene. Customer allegedly took to his heels from the premises of the petitioner. The petitioner was allegedly engaged in the activity of selling Indian Made Foreign Liquor. 1.5 litres of Indian Made Foreign Liquor was seized by the officials. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent. Her husband had purchased the Indian Made Foreign Liquor. The petitioner, a house wife, is being unnecessarily harassed by the excise officials. In any view of the matter, the petitioner may be granted anticipatory bail, submits the learned counsel for the petitioner. B.A.No.186 of 2008 2 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that there are no circumstances justifying or warranting the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. The petitioner may be directed to surrender before the learned Magistrate and seek regular bail, submits the learned Public Prosecutor . 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. It is for the petitioner to surrender before the learned Magistrate having jurisdiction or the Investigating Officer and then seek regular bail in the ordinary course. 5. This application is, in these circumstances, dismissed, but I may hasten to observe that if the petitioner surrenders before the Investigating Officer or the learned Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously. (R.BASANT, JUDGE) rtr/- B.A.No.186 of 2008 3