IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 Bail Appl..No. 4749 of 2008() ----------------------------- (AGAINST CRIME NO.69/04 OF KONNY EXCISE RANGE) PETITIONER : ------------ RADHAMONY, W/O.KRISHNAN KUTTY, DEVI VILASOM, MALAYALAPUZHA ERAM MURI, MALAYALAPUZHA VILLAGE, PATHANAMTHITTA. BY ADV. SRI.V.PHILIP MATHEWS RESPONDENT: ----------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4749 OF 2008 ------------------------------ Dated this the 29th day of July, 2008 O R D E R This petition is for anticipatory bail. 2. According to the prosecution, 20 litres of arrack was found in a can at a Poramboke land situated behind the house of the petitioner which was intended for sale. This crime was detected on 21.10.2004. The petitioner could not be arrested so far, even after expiry of 4 years. But the charge sheet has been laid before the Magistrate Court, it is submitted. 3. This petition is opposed. It is submitted that the petitioner's name is mentioned in the occurrence report itself but the petitioner has been absconding for a long period of 4 years and she could not be arrested and the charge sheet filed showing the petitioner is an absconding accused. 4. But learned counsel for the petitioner submitted that on filing of charge sheet the case was taken on file and summons was issued the petitioner from the court below. In the above circumstances, it is clear that petitioner's apprehension of arrest B.A.4749/2008 2 is baseless. She will not be arrested on the basis of any summons. Hence, there is no reason for apprehension of arrest by the police or at the instance of the court. In such circumstances, Section 438 Cr.P.C. is not attracted. It is relevant to note that inspite of issuance of summons, the petitioner has not surrendered before the court below till date. Instead, she has filed this petition for anticipatory bail. The petition is dismissed. K.HEMA, JUDGE pac