IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 31ST OCTOBER 2007 / 9TH KARTHIKA 1929 Bail Appl..No. 6598 of 2007() ----------------------------- CRIME NO.33/2007 OF KUNNAMANGALAM EXCISE RANGE : PETITIONER/ACCUSED: ------------------------------------ CHINNAMMU, AGED 60 YEARS, WIFE OF NARAYANAN, CHERUTHADATHIHL, THAZHEKKODU AMSOM AND DESOM OF KOZHIKODE TALUK. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENTS: STATE: ------------------- EXCISE INSPECTOR, KUNNAMANGALAM EXCISE RANGE, KOZHIKODE DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/10/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.6598 of 2007 ---------------------------------------- Dated this the 31st day of October 2007 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 be in possession of 1.5 litres of arrack on 9/8/2007. The petitioner was intercepted; but she could not be arrested as the detecting party did not consist of any woman police official. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. She may be saved of the unnecessary and undeserved trauma of arrest and incarceration, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that there are no circumstances justifying or warranting the invocation of the extraordinary inherent discretion under Section 438 Cr.P.C. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am satisfied B.A.No.6598/07 2 that there are no features in this case which would justify invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. This 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.6598/07 3 B.A.No.6598/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007