IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Bail Appl..No. 1426 of 2008() ----------------------------- C.R.NO.10/05 OF KASARAGODE EXCISE RANGE : PETITIONER/ACCUSED: ------------------------------------ ROHINI, W/O. RATNAKARAN, KAILAS NAGAR, NEAR SIVA KSHETHRA,CHENGLA, KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE: ------------------------------- 1. THE CIRCLE INSPECTOR OF EXCISE, KASARAGODE EXCISE RANGE. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1426 of 2008 ---------------------------------------- Dated this the 7th day of March 2008 O R D E R Application for anticipatory bail. The petitioner, a woman, faces allegations under the Kerala Abkari Act. She was allegedly found to keep in her possession 6 litres of arrack on 30/4/2005. She was not arrested on that day as the detecting party did not consist of any woman official. She has not subsequently appeared before the investigating officer. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent. She is a widow having three children, it is submitted. It is in these circumstances prayed that anticipatory bail may be granted to the petitioner. 3. The learned Public Prosecutor opposes the application. He submits that the petitioner may be directed to surrender before the investigating officer or the learned Magistrate having jurisdiction and then seek regular bail in the ordinary course. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am satisfied that there are no features in this case which would justify B.A.No.1426/08 2 invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. This, I agree with the learned Public Prosecutor, is a fit case where the petitioner must appear before the investigating officer or the learned Magistrate having jurisdiction and then seek regular bail in the normal and ordinary course. 5. In the result, this petition is dismissed. Needless to say, 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, in accordance with law and expeditiously. (R.BASANT, JUDGE) jsr B.A.No.1426/08 3 B.A.No.1426/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007