IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 Bail Appl..No. 7902 of 2008 ------------------------------------- (CRIME NO. 523/08 OF PANDALAM POLICE STATION) ........ PETITIONER/ ACCUSED: ----------------------------------- SUSEELA, W/O. BABU (37 YRS.) MANGALATHU VEEDU, CHERIKKAL, MADIYOORKKONAM.P.O., PANDALAM. BY ADV. SRI.S.A.SANTHOSH. RESPONDENTS/ STATE/ COMPLAINANT: ---------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION, PANDALAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.HEMA, J. ------------------------------ B.A. No.7902 OF 2008 ------------------------------ Dated this the 12th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 8(2) of Abkari Act. According to prosecution, petitioner was found in possession of 5 litres of arrack on 16.07.2008 at about 6.30 p.m. But she could not be arrested, since there was no woman police constable available. But a case was registered against her. 3. Learned counsel for petitioner submitted that petitioner is falsely implicated in this crime. She is a woman and the allegation by the police is that there was no woman constable and hence, no crime was registered. Petitioner may be granted anticipatory bail, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that petitioner is involved in series of offences and she could not be arrested only because woman police constable was not available. On hearing both sides, I am not satisfied of the B.A.No.7902 of 2008 2 submissions made by learned counsel for accused. No special circumstances are made out to grant anticipatory bail. In a case, where a person is involved in an offence under the Abkari Act, even regular bail cannot be granted unless that the twin conditions under Section 41 A of Abkari Act are satisfied. Petitioner is directed to surrender before the Investigating Officer and co-operate with the investigation. Whether she surrenders or not, police is at liberty to arrest her and proceed in accordance with law. The petition is dismissed. K.HEMA, JUDGE pac