IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 Bail Appl..No. 444 of 2009() ----------------------------------------- (CRIME NO.3/2009 OF KARTHIKAPPALLY EXCISE RANGE) PETITIONER(S): ACCUSED: ------------------------------------------ SUKUMARI, W/O. RAJAN, RAJ BHAVAN, KARUVATTA VAKKUMMURRY, KARUVATTA VILLAGE, KARTHIKAPPILLY TALUK. BY ADV. MR.K.SUBASH CHANDRA BOSE RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. -------------------------------- B.A. No.444 OF 2009 -------------------------------- Dated this the 17th day of February, 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 carrying 1 litre of arrack and on seeing the excise officials, she abandoned the articles and ran away. She could not be arrested from the spot, but a crime was registered against her. 3. Learned counsel for petitioner submitted that petitioner is a lady aged 47 years and she is a chronic Asthma patient as revealed in Annexure II, medical certificate. It is improbable that she could escape the clutches of the excise officials by running away. It is also submitted that her husband is working against the illicit arrack business and hence, liquor mafia has created a false story against petitioner. She may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that though petitioner could not be arrested from the spot, her details are ascertained from the spot itself and those are recorded in the mahazar. The witnesses, who have B.A.No.444 of 2009 2 witnessed the incident have attested the mahazar and it cannot be said that it is a false case, it is submitted. On hearing both sides, I do not find any materials to support the contentions raised by the defence. The bare assertions may not be sufficient to hold that a person is not guilty, to grant anticipatory bail. The crime is registered as early as on 07.01.2009 and petitioner is bound to surrender and co-operate with the investigation. Hence, the following order is passed :- i) Petitioner shall surrender before the investigating officer or before the Magistrate court concerned without any delay and co-operate with the investigation. Whether she surrenders or not, police is at liberty to arrest her and proceed in accordance with law. ii) No further application for anticipatory bail by petitioner in this crime will be entertained by this court. The petition is dismissed. K.HEMA, JUDGE pac