IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Bail Appl..No. 286 of 2008() ---------------------------- CRIME NO. 761/07 OF KATTAPPANA POLICE STATION PETITIONER ----------------- AMBUJAKSHI @ AMMINY, W/O.KUNJIKKUTTAN NAIR, AGED 60 YEARS, MULLASSERIL HOUSE, KOZHIMALA KARA, AYYAPPANKOIL VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.A.C.DEVASIA SRI.T.J.MICHAEL RESPONDENTS: ------------- S.I. OF POLICE , KATTAPPANA 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 25/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 286 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of January, 2008 O R D E R Application for anticipatory bail. The petitioner, a woman, faces allegations under the Kerala Abkari Act. The crux of the allegations against the petitioner is that when the detecting police party reached the scene of the crime on 23.12.2007 at about 7.30 p.m., one woman and three men were found present. All the others took to their heels. The first accused was apprehended. He was engaged in the sale of illicit arrack. The lady, who ran away, was the petitioner. The police party ascertained that accused 1 and 2 were together engaged in the activity of sale of illicit arrack. Seizure mahazar prepared contemporaneously shows the involvement of the petitioner in the crime. Occurrence report has been registered. Investigation is pending. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent. She may be granted anticipatory bail. The petitioner has no criminal antecedents, submits the counsel. B.A.No. 286 of 2008 2 3. The learned Prosecutor opposes the application. Notwithstanding the fact that the petitioner was not apprehended at the scene and the fact that she has no criminal antecedents, it may not be lost sight of that there are satisfactory materials pointing to the complicity of the petitioner. The contemporaneous records reveal the complicity of the petitioner. \ 4. I have considered all the relevant inputs. I find merit in the opposition by the learned Prosecutor. I am unable to find any features in this case, which would justify the invocation of the extra ordinary equitable discretion under section 438 Cr.P.C. in favour of the petitioner. This I am satisfied is a fit case where the petitioner must resort to the ordinary and normal procedure of appearing before the Investigator or the learned Magistrate having jurisdiction and then seek regular bail in the ordinary course. 5. This application is accordingly dismissed. I may however hasten to observe that if the petitioner appears before the learned Magistrate and applies for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned B.A.No. 286 of 2008 3 Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm