IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 Bail Appl..No. 8117 of 2011() ----------------------------- C.R.NO.41 OF 2011 OF PEERMADE EXCISE RANGE .................... PETITIONER (S):ACCUSED ------------------------------ YAMUNARANI, AGED 46 YEARS, W/O SHARAVANAN, THEPPAKKULAM MURIYIL THAMASAM, PEERMADE. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT(S): COMPLAINANT ------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31 PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8117 of 2011 --------------------------- Dated this the 18th day of October, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in C.R.No.41 of 2011 of Peermade Excise Range. 2. The offences alleged against the petitioner are under Sections 55(a) and (i) of the Abkari Act. 3. The prosecution case is that on 31.8.2011, the Excise Inspector of Peermade found the petitioner engaged in the sale of Indian made foreign liquor. She could not be arrested as no woman police constable was available. The petitioner apprehends arrest. 4. The allegations levelled against the petitioner are serious in nature. In the facts and circumstances of the case, I do not think that the petitioner is entitled to get the BA 8117/11 2 discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail application is dismissed. K.T.SANKARAN JUDGE csl