IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 Bail Appl..No. 41 of 2009() --------------------------------------- (CRIME NO.215/2008 OF KARUNAGAPALLY EXCISE RANGE) PETITIONER(S): ACCUSED: ------------------------------------------ GOURIKUTTY, W/O. SUKUMARAN, AGED 72 YEARS, THEKKUMUKKATHU VEEDU, PRAYAR SOUTH MURI, KALPANA VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI.B.RENJITHKUMAR RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 41 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 19th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offence is under section 8(2) of the Abkari Act. According to prosecution, petitioner was found in possession of one litre of arrack on 8-12-2008, but she could not be arrested, since woman police constable was not available. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. She is aged 72 years and she is also having some heart problem, as evidenced by Annexure-A1 certificate, and she was hospitalized. If she is arrested and remanded to jail, it will cause irreparable injury and loss, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that as per the case diary, petitioner was found in possession of one litre of arrack and she is involved in various other cases of similar nature. Hence, it is not a fit case to grant anticipatory bail. 5. On hearing both sides, I find that the only special circumstances pointed out is the age of petitioner and physical ailment. Those facts alone cannot be made a ground to grant anticipatory bail. Those may be considered in a petition filed BA 41/2009 -2- under section 437. The consideration for granting bail under sections 437 and 438 are different. Petitioner could not point out any materials to indicate that she has not committed any offence, except making bare assertions of innocence. Hence, following order is passed. Petitioner shall surrender before the Magistrate court concerned and in such event, bail application, if any is filed, shall be disposed of on merit, without any delay. This petition is disposed of accordingly. K.HEMA, JUDGE. mn.