IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 Bail Appl..No. 7941 of 2008(C) ------------------------------------- CRIME NO.105/08 OF NOORANAD EXCISE RANGE PETITIONER/ACCUSED : ---------------------------- VASANTHAKUMARI ,W/O. CHANDRAN PILLAI KULATHINTE MELETHIL VEEDU, THAMARAKULAM KIZHAKKE MURI, THAMARAKULAM VILLAGE. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.7941 OF 2008 -------------------------------- Dated this the 10th day of February, 2009 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 prosecution, on 28.10.2008, petitioner was found transporting 750 ml. of coloured arrack and she could not be arrested from the spot. 3. Learned counsel for petitioner submitted that the article involved is Indian Made Foreign Liquor and it is not coloured arrack. Nowhere it is stated that it is coloured arrack. The possession of Indian Made Foreign Liquor of 750ml. is not an offence and hence, anticipatory bail may be granted, it is submitted. 4. This petition is opposed. However it is conceded that as per the Mahazar, on taste and smell, the detecting officer was prima facie satisfied that it is Indian Made Foreign Liquor. But, on the allegation that it is illicit liquor, the crime was registered. B.A.No.7941 of 2008 2 On hearing both sides, I find that petitioner has a strong case to advance and hence, it is fit and proper that anticipatory bail is granted. Hence, the following order is passed : Petitioner shall surrender before the Magistrate court concerned within seven days from today and she shall be released on bail on her executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions : i) Petitioner shall report before the Investigating Officer as and when directed. ii) Petitioner shall not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac