IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 Bail Appl..No. 859 of 2008() ---------------------------- CRIME NO.148/07 OF KAYAMKULAM EXCISE RANGE. PETITIONER/ACCUSED ----------------------------------- MANIYAMMA, AGED 58 YEARS, D/O.KALYANI, AJI BHAVANAM, MUTHUKULAM SOUTH, MUTHUKULAM VILLAGE, KARTHIKAPPALLY. BY ADV. SRI.S.MOHANAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE EXCISE INSPECTOR, KAYAMKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 859 OF 2008 ------------------------------------------------- Dated this the 14th day of February, 2008 ORDER Application for anticipatory bail. The petitioner – a woman, faces allegations under the Kerala Abkari Act. She was allegedly found to be in possession of 1.300 litres of arrack on 26/11/07. She was intercepted. Seizure was effected. But in the absence of women officials in the detecting Excise party, she could not be arrested. Investigation is in progress. The petitioner apprehends imminent arrest. The learned Public Prosecutor points out that the petitioner has criminal antecedents. She is the accused in one more crime registered under the Abkari Act. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. She may now be granted anticipatory bail, it is prayed. B.A. No. 859 OF 2008 -: 2 :- 3. In the circumstances of this case, I am not persuaded to agree that the petitioner is entitled to the invocation of the extraordinary equitable discretion under Sec.438 of the Cr.P.C. This, I am satisfied, is a fit case where the petitioner must resort to the ordinary and normal course of surrendering before the Investigating Officer or the learned Magistrate. He must then seek regular bail. 4. In the result, this bail application is dismissed; but with the observation that if the petitioner surrenders before the Investigating Officer or the learned Magistrate and seeks 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 and expeditiously. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge