IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 Bail Appl..No. 6949 of 2008() ----------------------------- CRIME NO.59/2008 OF CHATHANNOOR EXCISE RANGE PETITIONER/1ST ACCUSED ------------------------------------------ SUJATHA, W/O. VISWA MANI, PARAYIL VISWAMANI BHAVAN, HONIPARA, AYIROOR VILLAGE, CHIRAYINKEEZHU THALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, EXCISE RANGE, CHATHANNOOR, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6949 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of November,2008 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 650 ml. of arrack. She was not arrested because of non-availability of a woman police constable. 3. Learned counsel for petitioner submitted that petitioner was deliberately made an accused in this case, since there was some quarrel between her and Excise officials, when somebody ran through her property and Excise officials insisted her to divulge the details of such person. Petitioner is innocent of the allegations made and she may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that materials in this case reveal clear case of possession of arrack and it is not a fit case to grant anticipatory bail. 5. On hearing both sides, at this stage, in the absence of any evidence, it is not possible to appreciate the contentions raised by learned counsel for petitioner. Petitioner will be at BA 6949/08 -2- liberty to raise the same contentions at the time of trial. On the nature of the allegations made, I do not find that it is not a fit case to grant anticipatory bail. This petition is dismissed. K.HEMA, JUDGE. mn.