IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 Bail Appl..No. 6683 of 2008() ----------------------------- C.R.NO.28/07 OF PATTAMBI EXCISE RANGE, PALAKKAD DISTRICT PETITIONER/ACCUSED -------------------------------------- SAROJINI, AGED 55 YEARS, W/O.LATE KRISHNAN, THANIKKARA HOUSE, KODUMUNDA.PO, MUTHUTHALA VILLAGE, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, PATTAMBI, PALAKKAD DISTRICT,REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6683 of 2008 ----------------------------------------- Dated this the 4th November, 2008 O R D E R This petition is for anticipatory bail. 2. On 23.10.2007 at about 5.30 PM, the Excise party, led by the Preventive Officer, found petitioner carrying 5 litres of arrack. Petitioner could not be arrested from the spot, since no woman police constable was present. 3. Learned counsel for petitioner submitted that the story put forward by the prosecution is unbelievable. There is no bar in arresting a woman and presence of woman police constable need not be insisted, as per the dictum laid down in a recent decision by the Supreme Court, it is submitted. The case is absolutely a false one and hence, petitioner may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that all the details of petitioner find a place in the mahazar itself and petitioner was identified from the spot and she was apprehended and article was seized from the spot. But, only because arrest was not recorded at the scene, it cannot be said that it is a false case, it is submitted. BA.6683/08 2 5. On hearing both sides, considering the nature of allegations made and the contentions raised, I am satisfied that this is not a fit case to grant anticipatory bail. The incident occurred as early as in 2007, more than one year back and petitioner is not available for interrogation or investigation. Hence, petitioner shall surrender before the Magistrate Court concerned or the investigating officer within seven days from today. Whether petitioner surrenders or not, the respondent will be at liberty to arrest petitioner at any time. With this direction and observation, petition is dismissed. K.HEMA, JUDGE vgs.