IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 Bail Appl..No. 8275 of 2011 C.R.NO.80 OF 2011 OF THIRUVANANTHAPURAM EXCISE RANGE PETITIONER/ACCUSED -------------------------------------- PUSHPAKANTHI.K.K., AGED 81, W/O.LATE ASHOKA KUMAR, T.C.37/894(1), DEVAPRAYAG, E.146.1, KAIRALI NAGAR, THIRUMALA.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.V.S.THOSHIN RESPONDENT: --------------- THE STATE OF KERALA THROUGH THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, THIRUVANANTHAPURAM -REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8275 OF 2011 ------------------------------------------------------ Dated this the 3rd day of November, 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.80 of 2011 of Thiruvananthapuram Excise Range. 2. The offence alleged against the petitioner is under Section 55(i) of the Abkari Act. 3. The prosecution case is that on 19.8.2011, the petitioner was found engaged in the sale of Indian made foreign liquor at her residence. A quantity of 6.4 litres of Indian made foreign liquor was seized from the possession of the petitioner. It is submitted by the learned Public Prosecutor that since no woman police constable was available, the petitioner could not be arrested. Learned counsel for the petitioner submitted that the petitioner is aged 81 years and that she was serving in military service. Her son was also serving in military service. The petitioner and her son are entitled to get the quota for purchase of a BAIL APPL. NO. 8275 OF 2011 :: 2 :: certain quantity of alcoholic drinks from the canteen. It is submitted that even if the case of the prosecution is that 6.4 litres of Indian made foreign liquor was seized from the residence of the petitioner, that would not constitute an offence. 4. Learned Public Prosecutor submitted that the petitioner used to collect cards of retired military personnel and used to collect huge quantity of alcoholic drinks from the canteen and sell the same to the customers. It is also submitted that apart from the same, the petitioner used to purchase alcoholic drinks from the outlet of the Kerala State Beverages Corporation and sell the same to the customers. 5. Learned counsel for the petitioner submitted that the petitioner is aged 81 years and she had undergone a cataract surgery. 6. Learned Sessions Judge dismissed the application for anticipatory bail filed by the petitioner. 7. The allegations levelled against the petitioner are grave in nature. In a case of this nature, anticipatory bail cannot be granted, exercising the discretionary jurisdiction under Section 438 of the Code of BAIL APPL. NO. 8275 OF 2011 :: 3 :: Criminal Procedure. The age and illness of the accused are factors to be taken note of while granting bail. I do not find any ground to grant anticipatory bail to the petitioner. The Bail Application is, accordingly, dismissed. (K.T.SANKARAN) Judge ahz/