IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 Bail Appl..No. 5294 of 2011() ----------------------------------------- CRIME NO.23/2008 OF BADIADKA EXCISE RANGE, KASARAGOD DISTRICT --------------------------- PETITIONER/ACCUSED -------------------------------------- DAMAYANTHI, W/O.LATE BAMBUTTY, ALIYANADUKKAM, ADHUR VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENT(S): COMPLAINANT & STATE --------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31 2. THE EXCISE RANGE INSPECTOR, BADIADKA EXCISE RANGE, (CRIME NO.23 OF 2008), KASARAGOD DISTRICT.PIN- 671 121 R1 & R2 BY PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K.T.SANKARAN, J. --------------------------------- B.A. No.5294 OF 2011 --------------------------------- Dated this the 8th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the accused in Crime No.23 of 2008 of Badiadka Excise Range. 2. The offence alleged against the petitioner is under Section 8(1) & (2) of the Abkari Act. 3. The prosecution case is that on 26.7.2008, the petitioner was found transporting 10 litres of arrack in 100 packets, each packet containing 100 ml. The petitioner was not arrested because of dearth of women police constables. The petitioner now apprehends arrest and she has filed this application for anticipatory bail. It is submitted that the petitioner is a widow and she has five children. That by itself is not a ground for grant of anticipatory bail. In a case of this B.A. No.5294 OF 2011 2 nature, I am of the view that no anticipatory bail can be granted. The Bail Application is , accordingly, dismissed. K.T.SANKARAN, JUDGE. cms